"The Administrative Court": Cancellation of the "Residential" decision to terminate the lease contract of a citizen from "East Timaa" residents

The Administrative Court issued a ruling annulling a decision issued by the Public Authority for Housing Affairs to terminate and rescind the lease agreement of a citizen residing in the East Timaa area, with the ruling granted immediate enforceability without bail. The judgment came in a lawsuit filed by the citizen regarding the property located in East Timaa, after he was surprised by a notification via the “Sahel” application informing him of the Authority’s decision to terminate and rescind the lease agreement and vacate the home he resides in, with a vacate date set for September 1, 2026.

The citizen’s defense team asserted that the decision constitutes a breach of the citizen’s legal status and acquired rights, clarifying that his client was benefiting from the provisions of Article 29 bis, which was added to the Housing Care Law pursuant to Law No. 2 of 2015. The court accepted the defense’s requests and ruled to annul the contested decision, granting it immediate enforceability without bail.

Details follow: The Administrative Court issued a ruling annulling a decision issued by the Public Authority for Housing Affairs to terminate and rescind the lease agreement of a citizen residing in the East Timaa area, with the ruling granted immediate enforceability without bail. The judgment came in a lawsuit filed by lawyer Hamoud Al-Hajjari, acting on behalf of the citizen, regarding the property located in East Timaa.

The citizen was surprised by a notification via the “Sahel” application informing him of the Authority’s decision to terminate and rescind the lease agreement and vacate the home, with a vacate date set for September 1, 2026.

Lawyer Hamoud Al-Hajjari stated in his lawsuit that the decision constitutes a breach of his client’s legal status and acquired rights, clarifying that his client was benefiting from the provisions of Article 29 bis, which was added to the Housing Care Law pursuant to Law No. 2 of 2015. Al-Hajjari added that the subsequent repeal of the article pursuant to Law No. 83 of 2025 does not have retroactive effect on legal statuses that arose under its validity, relying on the principle of non-retroactivity of laws and the provisions of Article 179 of the Kuwaiti Constitution.

Al-Hajjari said: “The decision to terminate and rescind the lease agreement and vacate the home leads to the homelessness of the plaintiff’s family, due to the administrative authority’s violation of the law, as well as the arbitrary nature of the decision and its taint with abuse of power.”

Al-Hajjari requested the immediate suspension of the execution of the eviction order, and the annulment of the contested decision and its consequences, foremost among which is the continuation of the lease agreement. The court accepted the defense’s requests and ruled to annul the contested decision, granting it immediate enforceability without bail.