The Administrative Court annuls the Housing Court's decision to terminate a Kuwaiti national's lease agreement in East Taima

- First ruling of its kind granted immediate enforceability without bail, while the lease agreement remains in effect

In a first-of-its-kind ruling, the Administrative Court issued a decision annulling the Public Authority for Housing Welfare’s decision to terminate and rescind the lease agreement for a residence belonging to a citizen residing in the Shargh Taima area, along with all associated consequences, most notably the continued validity of the lease agreement concluded between the two parties.

The court ordered that the ruling be granted immediate enforceability without the requirement of bail and implemented based on its draft, following the annulment of the eviction order which had been scheduled for September 1, 2026. The ruling came in a lawsuit filed by lawyer Hamoud Fahad Al-Hajjari, acting on behalf of the citizen, against the Public Authority for Housing Welfare.

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The details of the incident trace back to the Authority concluding a lease agreement with the plaintiff for the property located in Shargh Taima area - Plot 9, House No. 142. However, the citizen was surprised to receive a notification via the “Sahel” application informing him of a decision to rescind the contract and evict him from the house effective September 1, 2026, which the defense considered an arbitrary decision contrary to the law.

Stability of Legal Positions

Lawyer Al-Hajjari emphasized in his statement of claim that the contested decision was flawed and unjustly infringed upon his client’s rights, noting that the eviction order threatened to leave a Kuwaiti family homeless due to what he described as a misuse of authority.

The defense clarified that the Authority’s reliance on the cancellation of Article 29 bis constituted an incorrect retroactive application of the law. It affirmed that the rights and legal positions acquired by the citizen under Law No. 2 of 2015 had become established and could not be undermined, citing Article 179 of the Kuwaiti Constitution, which stipulates that laws are not retroactive unless explicitly stated otherwise.

Al-Hajjari added that the decision contradicted Article 9 of the Constitution, which states that “the family is the foundation of society… the law preserves its integrity and strengthens its bonds.” He pointed out that providing adequate housing is a fundamental pillar for the stability of Kuwaiti families, and that his client had not violated any of the housing welfare conditions.

Based on the defenses presented, the court accepted the defense’s requests and ruled to annul the Authority’s decision to rescind the lease agreement and the associated eviction, while maintaining the validity of the contract. It also approved the urgent aspect of the case, granting the ruling immediate enforceability without bail and implementing it based on its draft.