Leroy V (1) Loretta (2) Lanen [2020] DIFC SCT 188 (21 July 2020)

Leroy V (1) Loretta (2) Lanen [2020] DIFC SCT 188 (21 July 2020)

The Claimant validly terminated the tenancy with notice and is entitled to refund of two months' rent from the first cheque, return of the second cheque, and reimbursement for pre-tenancy utility bills. The Claimant is responsible for minor damages and utility bills up to the handover date. The Defendants' claim for additional rent and major maintenance is dismissed. Compensation for damages is only payable if the Claimant fails to repair within 14 days.

Citation
[2020] DIFC SCT 188
Parties
Claimant: Leroy; First Defendant: Loretta; Second Defendant: Lanen
Jurisdiction
United Arab Emirates
Judgment Date
21 July 2020
Procedural Posture
Tenancy Dispute / Judgment After Hearing
Outcome
Partially allowed for Claimant; Counterclaim partially allowed conditionally.
Legal Topics
Early Termination of Tenancy, Return of Rent and Cheques, Utility Bills Liability, Minor Maintenance Responsibility, Handover Procedures
Contract Law Landlord and Tenant Early Termination of Tenancy Return of Rent and Cheques Utility Bills Liability Minor Maintenance Responsibility Handover Procedures

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Parties

Leroy

Claimant

Loretta

First Defendant

Lanen

Second Defendant

Procedural Posture

Tenancy Dispute / Judgment After Hearing

Legal Issues

  1. 1 Whether the Claimant is entitled to refund of rent and return of second cheque after early termination
  2. 2 Whether the Claimant is liable for utility bills and minor damages up to handover
  3. 3 Whether the Defendants are entitled to compensation for alleged damages and unpaid rent

Ratio Decidendi

The Claimant validly terminated the tenancy with notice and is entitled to refund of two months' rent from the first cheque, return of the second cheque, and reimbursement for pre-tenancy utility bills. The Claimant is responsible for minor damages and utility bills up to the handover date. The Defendants' claim for additional rent and major maintenance is dismissed. Compensation for damages is only payable if the Claimant fails to repair within 14 days.

Court Disposition

Partially allowed for Claimant; Counterclaim partially allowed conditionally.

Orders

  • Defendants to pay Claimant AED 17,760.75.
  • Defendants to return the Second Cheque to Claimant.