Nalani v (1) Nikholai (2) Niles [2024] DIFC SCT 122 (17 July 2024)

The Claimant was entitled to exercise its rights under Article 30 to terminate the lease due to repeated late payments exceeding 30 days, and there is no realistic prospect of the appeal succeeding.

Citation: [2024] DIFC SCT 122
Parties: Claimant/respondent: Nalani; Defendant/applicant: Nikholai; Defendant/applicant: Niles
Jurisdiction: United Arab Emirates
Judgment Date: 26 June 2024
Procedural Posture: Small Claims Tribunal Appeal Application / Application for Permission to Appeal
Outcome: Application for permission to appeal refused
Legal Topics: Lease Termination, Late Payment of Rent, Appeal Procedure

Contract Law Landlord and Tenant Lease Termination Late Payment of Rent Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Nalani

Claimant/respondent

Nikholai

Defendant/applicant

Niles

Defendant/applicant

Procedural Posture

Small Claims Tribunal Appeal Application / Application for Permission to Appeal

Legal Issues

1 Whether permission to appeal should be granted against the Small Claims Tribunal's decision regarding lease termination for late payment of rent

Ratio Decidendi

The Claimant was entitled to exercise its rights under Article 30 to terminate the lease due to repeated late payments exceeding 30 days, and there is no realistic prospect of the appeal succeeding.

Court Disposition

Application for permission to appeal refused

Orders

Defendants’ Application is refused
Each party shall bear their own costs of the Application