Common Sequestration Measures in Dubai Rental Cases

Under the Civil Procedure Code, individuals and corporate entities can appoint qualified attorneys to represent them in court. This ensures that litigants are assisted by professionals capable of navigating procedural requirements, drafting legal documents, and presenting arguments effectively.

A valid power of attorney is required to establish an attorney’s authority. This document forms the legal foundation for all subsequent actions. In urgent situations, the Code allows a verbal power of attorney to be recorded during court sessions, providing flexibility when formal documentation is not immediately available.

Attorney as the Elected Domicile

1. Freezing Bank Accounts

One of the most effective tools is the freezing of the debtor’s bank accounts. The Execution Court can issue orders to freeze accounts up to the value of the judgment debt. Once frozen, funds may be transferred directly to the execution file. This step often resolves rent arrears quickly, especially when the tenant has liquidity but has delayed payment.

2. Salary Attachment

If the debtor is employed, the court may order deductions directly from their salary. The employer is instructed to withhold a portion of the salary (within legally permitted limits) each month and deposit it towards the judgment amount. This ensures the debtor retains a minimum income while satisfying their debt.

3. Attachment of Vehicles

Debtors owning registered vehicles may face vehicle attachment through the relevant traffic authority. Vehicles can be:

• Blocked from sale or transfer

• Seized

• Auctioned if the debt remains unpaid

This often encourages quick payment, as restrictions on vehicles can disrupt daily life.

4. Attachment of Movable Assets

Movable assets, including office equipment, commercial stock, furniture, or machinery, can be inventoried, seized, and sold through public auction. This is particularly effective when dealing with corporate tenants.

5. Attachment of Real Estate

For debtors owning property in Dubai, the Dubai Land Department can register an attachment. The property

• Cannot be sold or transferred

• Has a restriction recorded on the title deed

• May be auctioned if the debt remains unpaid

This method is generally used in high-value rental disputes.

6. Attachment of Commercial Licence

For corporate debtors, the Execution Court can coordinate with licensing authorities to block renewal or amendment of trade licences. Inability to operate creates strong operational pressure, making this a highly effective enforcement tool.

7. Garnishment of Third-Party Funds

If a third party owes money to the debtor, third-party receivables can be attached. Examples include:

• Payments due under contracts

• Refundable deposits

• Outstanding receivables

The third party is directed to deposit funds into the execution file instead of paying the debtor.

8. Travel Ban (Ancillary Measure)

While not technically an attachment, the court may impose a travel ban on individual debtors, preventing them from leaving the UAE until the judgment is satisfied or adequate security is provided. This is particularly effective in large rental disputes.

9. Enforcement of Eviction Orders

In eviction cases, if tenants do not vacate voluntarily, the Execution Judge may order forced eviction. Any movable assets left in the property may be:

• Recorded

• Removed

• Stored

• Auctioned if unclaimed

This ensures possession orders are implemented effectively.

Practical Strategy for Execution

Execution is not merely procedural — it is strategic. The choice of enforcement depends on the debtor’s profile and available assets:

• Bank attachment is usually the fastest route.

• Licence attachment suits high-value debts.

• Real estate attachment works well for corporate debtors.

• Salary attachment is ideal where the debtor has steady income but limited cash.

Multiple measures are often used simultaneously to secure recovery.

Conclusion

The Rental Dispute Settlement Center (RDC) in Dubai provides robust enforcement tools to ensure rental judgments are not merely symbolic. Early identification of assets, swift action, and a well-planned combination of sequestration measures are key to converting judgments into actual recovery.

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