Emiri Decree No. (12) of 2014
Concerning Judicial Fees for Rental Disputes in Ajman
We, Ammar bin Humaid Al Nuaimi, Crown Prince of Ajman, Chairman of the Executive Council,
Having reviewed the provisions of Emiri Decree No. (3) of 2009 issuing the Real Estate Tenancy Law in Ajman, as amended by Emiri Decree No. (8) of 2014, and Emiri Decree No. (11) of 2011 issuing the Financial Law of the Government of Ajman;
And upon Administrative Decision No. (15) of 2007, and Administrative Decision No. (27) of 2007, issued by the Head of the Municipality and Planning Department in Ajman concerning the fees of the Rental Disputes Committee in Ajman;
And based on the submission by the Chairman of the Rental Disputes Committee in Ajman;
And after consultation with the Head of the Municipality and Planning Department in Ajman;
And for the purpose of achieving the public interest;
Have decided to issue the following Emiri Decree:
Article (1)
This Decree shall be named "Emiri Decree No. (12) of 2014, Concerning Judicial Fees for Rental Disputes in Ajman" and shall come into force and be effective from the date of its signature.
Article (2)
This Emiri Decree shall apply to all rental lawsuits brought before the Rental Disputes Committee in the Emirate of Ajman for adjudication, including requests for the execution of decisions issued by the said Committee. It shall not apply to lawsuits and requests for which fees have been paid, or their fees deferred, in part before the effective date of this Emiri Decree.
Article (3)
The fees mentioned in the schedule attached to this Emiri Decree shall be collected for rental dispute lawsuits and other related requests.
Article (4)
No lawsuit or other related request may be registered until the prescribed fee, mentioned in the schedule attached to this Emiri Decree, is paid. The competent department in the Committee shall remove the concerned lawsuit or request from the hearing schedule if the due fees are not paid or if part of them has been deferred in accordance with the provisions of Article 16(3) of Emiri Decree No. (3) of 2009, as amended, and the provisions of Article 10 of this Emiri Decree.
Article (5)
5(1) The value of the lawsuit shall be estimated according to the plaintiff's claims at the time of filing the lawsuit, and the final estimation shall be according to the plaintiff's final claims. The higher of the two fees shall be collected if the plaintiff amends his claims during the course of the lawsuit. Fees shall be paid in the state's currency.
5(2) Any fraction of a Dirham in the calculation of fees shall be considered a full Dirham and shall be collected on this basis.
Article (6)
A separate fee shall be collected for counterclaims in the original lawsuit, equal to the fees prescribed for the original lawsuit. The fee for a sub-guarantee claim filed by the defendant before the same committee shall be collected based on its value and type.
Article (7)
7(1) If the lawsuit includes claims arising from a single legal cause, the fees shall be estimated based on their total value. If they arise from different legal causes, the estimation shall be based on the value of each claim separately, as decided by the chairman of the concerned circuit.
7(2) If the lawsuit includes a primary claim and an alternative claim, the higher of the two fees shall be collected. As for additional or subsidiary claims, they shall be added to the primary claim, and the fee shall be calculated on their total value.
7(3) An intervenor joining the plaintiff shall be charged the lawsuit fee or 4% of the value of their claims, whichever is greater.
Article (8)
The payment of part of the fees, not exceeding half of the prescribed fees, may be deferred upon the plaintiff's request and the approval of the Chairman of the Disputes Committee, in accordance with the text of Article (16(3)) of Emiri Decree No. (3) of 2009, as amended. The deferred fees shall be collected from the party liable for them before the execution of the Disputes Committee's judgment in the concerned lawsuit.
Article (9)
Lawsuits, requests, and appeals, including their related procedures and consequences, filed or submitted by local or federal departments or their affiliated public bodies or institutions, shall be exempt from fees. If the judgment in the lawsuit obligates the opponent to pay the fees and expenses, they shall be collected from him based on what was ruled.
Article (10)
10(1) The fees collected under the provisions of this Decree shall be considered local government revenues. The provisions of the unified financial system of the Government of Ajman shall apply to them, and they shall be recorded in the accounts of the Municipality Department and shall accrue to the account of the public treasury of the Emirate's government.
10(2) The fees awarded by the Disputes Committee shall be considered a preferential government debt due from the convicted party and shall be collected from him in accordance with the procedures in force in the Emirate's government for debt collection. The competent authority in the Emirate's government may collect these fees through the execution department of the competent civil court in Ajman.
Article (11)
Administrative Decision No. (15) of 2007 issued by the Head of the Municipality and Planning Department concerning the fees of the Rental Disputes Committee in Ajman and its amendments shall be repealed. Any provision in any local legislation currently in force in the Emirate that contradicts or conflicts with the provisions of this Emiri Decree shall also be repealed.
Article (12)
This Decree shall be published in the Official Gazette of the Emirate and shall be circulated to the judges and members of the Rental Disputes Committee in Ajman and to all concerned authorities for its implementation and action, each within its jurisdiction.
Issued by us and signed at our office in the Emiri Diwan in Ajman on this day, Thursday, the twenty-sixth of the blessed month of Ramadan, year 1435 Hijri, corresponding to the twenty-fourth day of July, year 2014 Gregorian.
Ammar bin Humaid Al Nuaimi
Crown Prince of the Emirate of Ajman, Chairman of the Executive Council
List of Proposed Fees to be Applied
at the Rental Disputes Committee in the Government of Ajman
Attached to Emiri Decree No. (12) of 2014 concerning the fees of the Rental Disputes Committee in the Emirate of Ajman
| No. |
Service |
Fee Value / AED |
Notes |
| 1 |
Lawsuit registration |
2% of the annual rent |
Minimum (500) AED and maximum (10,000) AED |
| 2 |
Renewing a struck-off lawsuit for the first time |
300.00 |
For the first time within 3 months of striking off the lawsuit |
| 3 |
Renewing a struck-off lawsuit for the second time |
1.5% of the annual rent |
Minimum (500) AED and maximum (5,000) AED |
| 4 |
Renewing a struck-off lawsuit for the third time |
2% of the annual rent |
Minimum (500) AED and maximum (10,000) AED (same fees as a new lawsuit registration) |
| 5 |
Request to expedite a lawsuit after an agreed stay |
300.00 |
|
| 6 |
Request to execute a judgment through the Execution Committee |
200.00 |
|
| 7 |
Request to execute a judgment through the competent court |
250.00 |
|
| 8 |
Request to open a leased property and hand it over to the owner |
300.00 |
|
| 9 |
Request to inspect a property and submit a report on any damages to it or the tenant |
200.00 |
|
| 10 |
Property inspection report and issuance of a no-objection certificate for demolition |
500.00 |
|
| 11 |
Request to change the hearing date - by the plaintiff |
50.00 |
|
| 12 |
Failure to attest a lease contract |
Three times the prescribed attestation fees for the concerned contract. |
Borne by the lessor |
| 13 |
Failure to issue a lease contract |
Four times the prescribed attestation fees for the concerned contract. |
Borne by the lessor |
| 14 |
Announcement by publication in newspapers |
Cost + 50.00 |
|
| 15 |
Approval to appoint an expert |
50.00 |
|
| 16 |
Request to present a power of attorney before the Committee |
50.00 |
|
| 17 |
Request to deposit the key of the leased property |
50.00 |
|
| 18 |
Request to implead a party during the lawsuit proceedings |
300.00 |
|
| 19 |
Request for a copy of the judgment or decision issued in the lawsuit |
50.00 |
For any of the litigants, or others |
| 20 |
Request for a "To Whom It May Concern" certificate related to the lawsuit |
50.00 |
For any of the litigants, or others |
| 21 |
Request for a photocopy of a session's minutes or any document in the lawsuit |
10.00 |
Per page |
| 22 |
Request to deliver the rent from the tenant to the Committee's secretariat |
200.00 |
|
| 23 |
Lessor's receipt of the rent from the Committee's secretariat |
250.00 |
|
| 24 |
Filing a petition for reconsideration of the Disputes Committee's decision (other than the security deposit stipulated in Article (18) of the Decree) |
2,000 AED for judgments not exceeding 50,000 AED in value
4% of the judgment value if it exceeds 50,000 AED |
|
| 25 |
Submitting a request to interpret a judgment or its operative part (by litigants) |
100.00 |
|
| 26 |
General services (paid after filing the lawsuit) (for each service) |
10.00 |
|
| 27 |
Price of a tenancy booklet |
25.00 |
|