دور لجنة المنازعات الإيجارية في إخلاء العين المؤجرة: دراسة في القانون البحريني

الملخص EN

The lease contract is an important contract that concerns both owners and tenants.

However, as the position of parties to this particular contract is unequal, the tenant being the weaker party, legislative intervention is the key to achieve the needed balance.

As with respect to the Bahraini Legislator, Law No.

(27) of 2014 was issued, aiming to fairly regulate the relationship between both parties of the contract.

Accordingly, the Lease Disputes Committee was established with the sole jurisdiction of settling lease disputes.

The most important advantage of establishing this Committee was solving the long-standing cases in courts.

On the other hand, disadvantages include denying parties the right to appeal the decisions of the Committee before the Court of Cassation.

Moreover, examining the decisions of the Committee shows that, in many cases, the interest of the tenant was overlooked and decisions were in favor of the landlord to evacuate the leased premises despite the fact that the latter's bad faith was proven.

Therefore, the objective of this paper is to examine the role of the Lease Dispute Committee in vacating leased premises.

The paper shall be divided into 3 parts: the first part will address formation of the committee, terms of reference, and the ability of challenge its decisions.

The second part will discuss obligations of the tenant, and the third part will examine Evictions and judicial practice of the commission in light of case law.