Residents In Farwaniya Suffer After Landlord Disconnects Water Connection Over Rents

21 July 2020 Kuwait

A group of expats had to endure the unbearable heat as the landlord had disconnected the water connection as the rents were not being paid. The expats living in a building in block 6, Farwaniya had to resort to calling the police for help to solve the problem as the high temperatures of mid summer heat made their circumstances unbearable. The group also appealed to Kuwait officials to help them as they couldn’t live without water. Though some of them do not pay their rents due to financial difficulties caused by job losses, most of them have been paying rent regularly.

The real estate companies have begun in earnest to collect the rents of tenants who have been living in the apartments without paying rents. They have sent official warning to their tenants, stating that “Those who have not paid rent during lock down period have to pay the rent immediately or else we will file court case against them” The real estate companies state that as per the contract, the tenants have to pay the rent for the services they have used.

One of the real estate company in its warning letter stated, “We would like to inform you of the delay in paying the rent for the apartment rented by you from April to June, kindly pay the dues online or visit the company office to review, failing in both cases we will take legal measures.”

The real estate companies suffered during the lock down period that started in March as a large percentage of tenants were reluctant to pay their rents from April to June. This put these companies in a difficult situation as they found it difficult to operate, especially paying salaries to their employees and carrying out maintenance work. During this period, the real estate company offices were also closed, and the building guard had to convey the message to tenants.

Taking note of their tenant’s plight, some companies had capped the rents ranged between 10 and 40 percent only. However, other companies have not decreased rent nor offered any exemptions or discounts, failing to take into consideration the different financial conditions of their tenants, as some companies did not cut their salaries during lock down period, whereas some of them had lost jobs, some were not paid whereas some tenants had to manage with reduced salaries.

Many tenants are demanding a reduction in rent or for companies to provide an exemption on rents until the situation improves.

Due to fears of company layoffs specially in private sector and exodus of expatriates after opening the airport, real estate owners are in a hurry to collect unpaid rent.

Maintaining these tenants during the coming period will benefit the companies if the right strategies are implemented, especially as the country is moving towards to amend demographics in the coming period. Under these circumstances, real estate companies will find it troublesome to fill empty apartments. Regarding the individual building owners, some of them were quick to offer exemptions and discounts to their tenants. Some of them offered 50 percent discount till end of September, while some of them resorted to various arm twisting methods by building pressure on their tenants to pay the rent either by cutting electricity and water connection or by stopping the elevators.

Speaking to a local daily, Lawyer Saud Al-Shammari asserted,  “The landlord has no right to cut off the water and electricity of the tenant or force him out of the house even if the tenant refuses to pay the rent. He stated that there is a law regulating the relationship between the two parties (the landlord and the tenant).”

Al-Shammari said that it is permissible for the tenant to adhere to judgement by halting the enforcement of the contract and applying the decision of force majeure (act of God) or applying the proposition of emergency or exceptional circumstances with his right to demand a reduction of rent, in proportion to his conditions and the discretionary power of the judge.

 

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