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A proposed legislation that seeks to regulate the process of handing over leased properties when a landlord refuses to accept them at the end of a rental contract is set for debate during the Shura Council’s weekly session on Sunday.
The law also seeks to limit the automatic renewal of lease agreements to just one year, regardless of the original contract term.
The chamber’s public utilities and environment affairs committee has recommended rejecting the proposed parliamentary amendment to Rents Law (Law No 27 of 2014), saying that the objectives of the draft were already being achieved through existing legal provisions under the Civil and Commercial Procedures Law.
“While the proposal aims to create fairness in the relationship between property owners and tenants, the committee found that Bahrain’s current legal framework already provides sufficient guarantees to achieve this goal,” said committee chairman Dr Mohammed Hassan.
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Dr Hassan
“The provisions of the Civil and Commercial Procedures Law comprehensively cover the procedures for offering payment and depositing rent or property keys when a landlord refuses to receive them, which makes this amendment redundant.”
The Justice, Islamic Affairs and Endowments Ministry also opposed the proposed law, affirming that its intended objectives were already being achieved.
Chapter Nine of the Civil and Commercial Procedures Law explicitly regulates “procedures for offer of performance and deposit”, which apply to cases where a landlord refuses to take back a leased property.
Dr Hassan added that forcing the law to automatically renew rental agreements for one year after expiry – as the proposal suggests – would violate the long-established legal principle that “contracts are the law between the parties”.
“Parties should remain free to agree on renewal terms and conditions without legislative imposition,” he said.
The committee further observed that the current law already protects both parties in residential and commercial agreements. For example, it prevents landlords from evicting residential tenants before three years or commercial tenants before seven years unless otherwise agreed in writing – ensuring legal protection while respecting the will of both parties.
The committee emphasised that no practical issues exist regarding landlords’ refusal to receive leased properties after contract expiry, since the law and court rulings clearly define the procedures tenants must follow to discharge their obligations.
“Bahraini court precedents confirm that a tenant fulfils his duty by placing the property at the landlord’s disposal and notifying him accordingly,” Dr Hassan said.
“If the landlord refuses to accept, the tenant may request a court-appointed custodian – a process already defined in current laws.”
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