Mariano v (1) Magedal Ltd (2) Magedra [2023] DIFC CT 187 (28 July 2023)

Mariano v (1) Magedal Ltd (2) Magedra [2023] DIFC CT 187 (28 July 2023)

The Defendants failed to pay the rent for more than 30 days, entitling the Claimant to terminate the lease and recover arrears and court fees under the agreement and applicable law.

Citation
[2023] DIFC CT 187
Parties
Claimant: Mariano; First Defendant: Magedal Ltd; Second Defendant: Magedra
Jurisdiction
United Arab Emirates
Judgment Date
28 July 2023
Procedural Posture
Small Claims Leasing Tribunal / Judgment After Hearing
Outcome
Claim allowed in part
Legal Topics
Lease Termination, Rental Arrears, Eviction, Joint and Several Liability
Landlord and Tenant Contract Law Lease Termination Rental Arrears Eviction Joint and Several Liability

Case Brief

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Parties

Mariano

Claimant

Magedal Ltd

First Defendant

Magedra

Second Defendant

Procedural Posture

Small Claims Leasing Tribunal / Judgment After Hearing

Legal Issues

  1. 1 Whether the Defendants are in arrears under the lease agreement
  2. 2 Whether the Claimant is entitled to terminate the lease and seek eviction
  3. 3 Whether the Defendants are liable for court fees

Ratio Decidendi

The Defendants failed to pay the rent for more than 30 days, entitling the Claimant to terminate the lease and recover arrears and court fees under the agreement and applicable law.

Court Disposition

Claim allowed in part

Orders

  • The Defendants shall jointly and severally pay the Claimant AED 55,280.25.
  • The First Defendant shall vacate the Unit immediately.