Lena v (1) Libby (2) Lyla (3) Lennon [2020] DIFC SCT 242 (24 September 2020)

Lena v (1) Libby (2) Lyla (3) Lennon [2020] DIFC SCT 242 (24 September 2020)

First and Second Defendants are jointly and severally liable for unpaid rent, cooling charges, and court fees under the Tenancy Agreement, with interest, as Second Defendant admitted guarantor status and Third Defendant is not party to the Tenancy Agreement post-settlement.

Citation
[2020] DIFC SCT 242
Parties
Claimant: LENA Limited; First Defendant: LIBBY; Second Defendant: LYLA; Third Defendant: LENNON
Jurisdiction
United Arab Emirates
Judgment Date
24 September 2020
Procedural Posture
Small Claims Tribunal / Final Judgment
Outcome
Claim partly allowed; claims against Third Defendant dismissed.
Legal Topics
Tenancy Agreement, Settlement Agreement, Guarantor Liability, Rent Payment, Court Fees, Cooling Charges

Case Brief

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Parties

LENA Limited

Claimant

LIBBY

First Defendant

LYLA

Second Defendant

LENNON

Third Defendant

Procedural Posture

Small Claims Tribunal / Final Judgment

  1. 1 Liability for unpaid rent under Tenancy Agreement
  2. 2 Guarantor's liability for rent
  3. 3 Obligations under Settlement Agreement

Ratio Decidendi

First and Second Defendants are jointly and severally liable for unpaid rent, cooling charges, and court fees under the Tenancy Agreement, with interest, as Second Defendant admitted guarantor status and Third Defendant is not party to the Tenancy Agreement post-settlement.

Court Disposition

Claim partly allowed; claims against Third Defendant dismissed.

Orders

  • First and Second Defendants to pay AED 508,256.87 plus interest at 1% per month from 9 January 2020 to date of filing.
  • First and Second Defendants to pay AED 3,884.40 for district cooling charges directly to Emirates Financial Towers Office body Corporate.