Eviction in ADGM follows a strict statutory framework. Landlords cannot self-help — no changing locks, no removing belongings, no cutting utilities. Every eviction must follow the correct notice procedure, and most require a Court order. Tenants have a statutory right to relief from forfeiture. This guide covers every scenario with specific section references.
Key takeaway
ADGM divides termination into two categories: five grounds that do not require a court order (section 62), and three grounds that do (section 63). The notice periods are 21 days for non-payment, 30 days for material breach, and 10 days for unauthorised assignment or subletting. Tenants always have section 50 relief from forfeiture available, even after court proceedings begin.
1. Termination without Court order — section 62
Only five circumstances permit termination without a Court application:
(a) Mutual surrender
Both landlord and tenant agree to end the lease early. The surrender must be registered under section 49. No Court involvement needed, but the registration is mandatory — an unregistered surrender creates uncertainty about the status of the lease on the folio.
(b) Pre-agreed break option
If the lease contains a break clause, the tenant (or landlord, if the clause is mutual) may exercise it according to its terms. The notice period and conditions will be set out in the lease itself. Once validly exercised, no Court order is needed.
(c) Property substantially damaged or destroyed
If the property suffers substantial damage or destruction, the landlord must refund rent for the period after the event. No Court order is needed for termination, but the landlord should ensure the surrender is registered to clear the folio.
(d) Landlord breach unremedied after 30 days
If the landlord breaches any obligation under the lease and fails to remedy it within 30 days of receiving written notice from the tenant, the tenant can terminate without Court involvement. This is the tenant's primary self-help remedy.
(e) Landlord repair failure rendering property uninhabitable
If the landlord fails to maintain the property to the standard required by section 56 and the failure renders the property uninhabitable, the tenant can terminate without Court involvement. This is a distinct ground from (d) because it does not require a 30-day notice period — uninhabitability is a present condition.
2. Termination with Court order — section 63
For three grounds, the landlord must apply to the ADGM Courts:
| Ground | Section | Notice period | Requirements |
|---|---|---|---|
| Non-payment of rent | s.63(a) | 21 days | Written notice specifying unpaid amount; tenant must fail to pay within 21 days |
| Material breach | s.63(b) | 30 days | Written notice specifying breach; tenant must fail to remedy within 30 days |
| Unauthorised assignment or subletting | s.63(c) | 10 days | Written notice specifying breach; tenant must fail to remedy within 10 days |
3. Notice requirements — drafting an eviction notice
Every eviction notice must satisfy these requirements:
- Written form — oral notice is invalid
- Specify the breach in detail — generic notices will fail
- Specify the remedy period (21, 30, or 10 days as applicable)
- Sent to the tenant's address as recorded in the lease (section 159)
- Email service permitted only if the lease expressly allows it (section 159(3))
- Service after 5pm or on a non-business day = deemed served next business day (section 160)
4. Relief from forfeiture — section 50
Even after the landlord files a Court application, the tenant can apply for relief from forfeiture under section 50. The Court has discretion to:
- Suspend forfeiture on conditions (e.g., tenant pays outstanding rent within a specified period)
- Set conditions for continued occupation
- Refuse relief entirely if the breach is irremediable
This is a powerful tool for tenants facing eviction for non-payment. By paying arrears into Court or escrow, the tenant can neutralise the non-payment ground and force the landlord to accept continued occupation.
5. Utility cutoff ban — section 59(4)
Section 59(4) creates an absolute prohibition: the landlord cannot cut utilities to force the tenant out. Any attempt to do so constitutes a breach of the lease and may amount to constructive eviction, giving the tenant grounds to terminate under section 62(1)(d) and claim damages. Landlords who weaponise utilities lose in Court.
6. Tenant practical playbook — eviction defence
- Step 1: Check the notice — correct period? Written? Sent to lease address? Breach specified?
- Step 2: If notice is defective, it is invalid. Court will dismiss the landlord's application
- Step 3: Apply for relief from forfeiture under section 50 — even after Court proceedings begin
- Step 4: Pay disputed rent into Court or escrow to neutralise non-payment ground
- Step 5: File counter-claims: deposit wrongly withheld, repair breaches, utility cutoff
- Step 6: If landlord sold property, confirm new landlord identity (section 64(2)(a)) and enforce against new landlord
7. Landlord practical playbook — lawful eviction
- Step 1: Serve written notice specifying the breach and the correct remedy period
- Step 2: Wait for the full remedy period to elapse
- Step 3: File Court application with evidence of notice service and non-remedy
- Step 4: Be prepared for the tenant to apply for relief from forfeiture
- Step 5: Enforce the Court judgment — do not self-help
8. Goods left behind — section 51
After the lease terminates or expires, the tenant has 30 days to collect their belongings. After this period, the landlord may dispose of the goods without liability to the tenant.
9. Sale during lease — section 64
The landlord may sell the property without the tenant's consent (unless the lease provides otherwise). The new landlord is bound by the existing lease. The security deposit is deemed transferred to the new owner. The original landlord must notify the tenant in writing of the new landlord's details on completion. All liabilities of the original landlord are assumed by the new owner.
10. Red lines — actions that will lose in Court
| Landlord action | Why it fails |
|---|---|
| Evicting without Court order for non-payment | Section 63(a) requires Court application — self-help is not available |
| Cutting utilities to coerce | Absolute prohibition under section 59(4) — constitutes breach |
| Serving notice with wrong period | Notice is invalid — Court dismisses application |
| Not specifying breach in notice | Generic notice fails strict statutory requirements |
| Changing locks without Court order | Self-help eviction not available under STRL regime |
| Removing tenant belongings before 30 days | Landlord liable for loss — 30-day period under section 51 |
This article is for general information only and does not constitute legal advice. For advice on a specific ADGM real property matter, please contact us. Last updated: 19 May 2026.