The old rent… What is the fate of the contracts after the government’s amendments?


12:23 PM

Sunday 28 November 2021

Books – Muhammad Nassar:

A few days ago, the Council of Ministers approved, in its last weekly meeting, a draft law on ending the old rental relationship for non-residential units rented to legal persons.

The government had submitted the same draft law to the previous parliament headed by Dr. Ali Abdel Aal, in implementation of the ruling of the Constitutional Court, but the law was not issued by Parliament, so the government re-approved it again in preparation for submitting it to the parliament.

old rent lawsuits

After the previous House of Representatives refused to issue the law that must be issued in accordance with the ruling of the Supreme Constitutional, the landlords resorted to filing lawsuits of eviction and eviction against the tenants of legal persons in accordance with the provisions of the constitutional ruling, and there have become various legal centers.

5 year transition period

The government’s draft law provided for a 5-year transitional period before the contracts were released and the units returned to their owners, despite the fact that the Supreme Constitutional Court ruled in 2018 that paragraph 18 of the old lease law regarding units leased to legal persons was immediately void.

And there has become a question that landlords and tenants alike are looking for an answer to, which is: What is the fate of lawsuits and judicial rulings since the constitutional ruling to end the relationship immediately in light of a new draft law that provides for a transitional period of 5 years before liberating rental contracts?

Legal Centers for Lease Contracts

Counselor Yahya Qadri, a legal and constitutional expert, said that the lawsuits that were filed and ruled by the judiciary to evict the units according to the ruling of the Constitutional Court and returned to the owner, their matter has ended and their new legal status has become the property of the owner or the lessor, and this cannot be affected by the transitional period that stipulated It has a new government project.

Qadri added, to Masrawy: After the issuance of the government law and its entry into force, any previous and unresolved lawsuits will be subject to the transitional period because there has become a new legal situation established by the new law, which provides for a 5-year transitional period before the contracts expire.

Qadri continued: As for the lawsuits that are currently in force in the corridors of the courts and were decided before the entry into force of the new law, they will be subject to the ruling of the Constitutional Court regarding the immediate release of contracts.

Tenants representative

Mohamed Abdel-Aal, the legal advisor to the Tenants Association, revealed the fate of landlords who obtained judicial rulings to vacate units according to the ruling of the Constitutional Court in 2018, in light of the government’s approval of a new draft law on units rented to legal persons for non-residential purposes.

Abdel-Aal told Masrawy: Whoever obtained a judgment and the execution and eviction were executed, the matter is over because it has become a legal center verified on the ground, and whoever has not been issued a final judgment against him or a judgment was issued that was not implemented before the entry into force of the draft law, he has the right to adhere to this law as it represents an obligatory legal center Continue until the transition period has passed.

The legal advisor to the Tenants Association indicated that, according to the constitutional provision, the contracts were supposed to be terminated immediately, but the constitutional provision does not interfere with the termination of contracts, but rather allowed the claim to file lawsuits to demand immediate eviction of the units.

Damaged Association of the old rent

Dr. Ahmed Al-Behairi, the legal advisor to the Association for those affected by the Old Tenancy Law, said that granting a transitional period contradicts the provisions of the Constitutional Court that require immediate eviction, wondering: How can it remain in a constitutional court ruling on eviction and the government will give a transitional opportunity 5 years before the contracts are liberated?

Al-Buhairi explained to Masrawy: So, we will go back again to turn around the rulings of the Constitutional Court, and there are those who obtained judicial rulings during the previous period after the constitutional ruling was issued to invalidate the article of the law. What are their statuses now?

And the legal advisor to the Association of Victims of the old rent law continued: This talk could have been acceptable from 2018, but now there are preliminary rulings and appeal rulings for eviction, what is the fate of these rulings?

Read also:

5 years before the eviction.. The tenants advisor reveals the reason for the deadline for modifications to the old rent

The old rent.. Tenants advisor: There are 3 types of rent and this is its position on the government amendments

The old rent.. the first comment from the advisor of the Association of Damaged by Law

Source link


Please enter your comment!
Please enter your name here