QUESTION: We have entered into a rental agreement with our landlord for two years and paid him cheques as advance payment for one year. Last week when we met the landlord to submit the rental cheques for the next year, he refused to accept them, seeking a rise in rent. There is no provision in the contract for rent revision before the end of the contract period. What is the possible legal solution? Is it a law that all lease agreements should be registered at the municipality?
BY, Doha

ANSWER: The rental contract is valid for two years with the terms and conditions including the rent agreed. According to the rent laws, if the landlord abstains from receiving the due rent, the tenant shall, within seven days, deposit it at the civil court/rental dispute committee against no fees. This shall be considered as payment of the rent on the prescribed date.
Both the tenant and the court shall notify the landlord of this deposit by a registered letter. The deposit receipt shall be considered a document absolving the tenant from the value of the due rent to the extent of the amount deposited. The landlord may rescind the rent contract, even before the expiry of the period, if the tenant, for no justifiable reason, fails to pay rent within seven days of the date on which it falls due.
All lease agreements between landlords and tenants should be registered by the landlord at the Office for Registration of Lease Contracts at the Ministry of Municipal Affairs and Agriculture.
The contract must be registered in order for the landlord to be able to bring a claim in respect of the lease agreement before the Rental Dispute Settlement Committee or the court.

Sick leave provision
Q: Many of my colleagues fall sick because of the nature of their work. There is a clinic near our labour camp but it is not approved by the employer. In case of sick leave, is it mandatory to have approval from a doctor approved by the company? What are the sick leave benefits under labour legislation of Qatar?
VH, Doha

A: Article 82 provides the worker sick leave with pay on completion of three months in service subject to production of sickness certificate to prove his sickness from a physician approved by the employer.
The worker is entitled for full wage for the first two weeks and half of his wage for other four weeks.
The extension of the sick leave thereafter shall be without pay until the worker resumes his work or resigns or his service is terminated for health reasons. The service of the worker may be terminated at the end of the 12th week of the sick leave if it has been proved by a report issued by the competent physician that the worker is unable to resume his work at that time.

The liability of design consultants
Q: What are the responsibilities of designer under a construction contract? Will he be held responsible for a defect in execution of a project? What about the limitation period to raise a claim on defect of execution?
RE, Doha

A: According to Article 711 of the Qatar Civil Code, the main contractors and design consultants are liable, without fault, for the cost of rectifying structural defects that appear in a building or structure within ten years of handover. Decennial Liability pursuant to article 711 of the Civil Code is strict; it is not necessary to prove any negligence or breach of contract.
These provisions of the Civil Law do not apply to any right of recourse the contractor may have against subcontractors.
According to Article 712, if the architect’s work is limited to producing the design of the building or construction or a part thereof, he shall be responsible for the defects attributed to the design prepared by him but not for the defects due to the execution method.
If execution of the works is entrusted to the architect or engineer, they will be held liable for any defects caused by their failure to supervise the method of execution. The right to bring a claim lapses three years from the time of the discovery of the defect.

Postmortem  rules in Qatar
Q: Is there a legal prohibition for postmortem in Qatar? In the case of a foreigner, is any official request required for conduct of postmortem even when there is any suspicion?
AT, Doha

A: Law No 8 of 2003 is the relevant Law in this regard. Autopsy shall be carried out for reasons such as: “suspecting that there is a crime in the occurrence of the death” or “death resulting from committing a crime or associated with a crime”.
Except for criminal or pathological reasons or for educational purposes Autopsy of human corpses is prohibited under Article (2) of the said Law. A forensic physician shall carry out autopsy in both cases on the basis of a resolution by the competent investigating authority, and it is not necessary to obtain the permission of the family of the deceased.

- Please send your questions by e-mail to: leges@qatar.net.qa (Mobile:55813105)

LEGAL SYSTEM IN QATAR
As per Article 793, the persons to whom a commercial establishment have devolved by way of inheritance or legacy may apply for preventive composition if they intent to continue the business, and the merchant, before his death, was among those permitted to obtain a preventive composition.
The heirs and legatees shall apply for composition within three months from the date of the death of the merchant. If they fail to agree unanimously to the application for composition, the court shall hear the statements of the objecting parties and shall decide on the application in accordance with the interest of those concerned.
A de facto company may be granted preventive composition. During the execution of the conciliation the debtor may not apply for another petition for preventive composition
According to Article 797, an application for preventive composition shall be submitted by way of petition to the court in which the applicant states the reasons for his financial difficulties and his proposals for composition. The proposed settlement shall not be less than 50% of the debt.
The following documents shall be attached to the petition for composition:
(1) Documents supporting the statements recorded in the application,
(2) A certificate from the commercial register confirming that the applicant has complied with the provisions pertaining to this register during the year preceding the application for composition,
(3) A certi?cate from the Qatar Chamber of Commerce and Industry stating that the trade was continuously practiced during the two years preceding the application for composition,
(4) The principal commercial books,
(5) A copy of the last balance sheet and profit and loss account,
(6) An overall statement of personal expenditure for the year preceding the application for the composition,
(7) A detailed statement of the moveable and immovable properties of the applicant with their approximate value at the time of the application for the composition,
(8) A list of the names of creditors and debtors with their addresses, value of their rights or debts and any securities guaranteeing for such debts and
(9) A declaration by the debtor that he has not been previously convicted of fraudulent bankruptcy, forgery, theft, fraud, breach of trust or embezzlement of public funds, issuing a cheque without sufficient funds and that he has not obtained a preventive composition that is currently being executed.
As per Article 798, in addition to the documents above referred, if the application is made by a company, such application shall be accompanied by certi?ed copies of the company’s memorandum and articles of association duly attested by the commercial register, the identification documents for the capacity of the applicant, a copy of the resolution of the partners or the general assembly to apply for the composition, and a list of the names of the jointly liable partners with their addresses and nationalities.
The documents and statements mentioned above shall be dated and signed by the applicant for composition and the court registry shall prepare minutes acknowledging receipt of the said documents.
If it is not possible to submit some of these documents or complete statements, the reasons therefore shall be stated in the petition.
According to Article 800, the applicant for composition shall deposit in the court, an amount determined by the chairman of the court to meet the proceedings expenses, otherwise the application for a composition shall be null and void.