Ference v (1) Fenella (2) Feray [2015] DIFC SCT 044 (28 May 2015)

Ference v (1) Fenella (2) Feray [2015] DIFC SCT 044 (28 May 2015)

Claimant fulfilled obligations under the tenancy contract; Defendants failed to provide evidence for claimed deductions; full security deposit must be refunded.

Citation
[2015] DIFC SCT 044
Parties
Claimant: Ferenc; Defendant: Fenella; Defendant: Feray
Jurisdiction
United Arab Emirates
Judgment Date
28 May 2015
Procedural Posture
Small Claims Tribunal / Judgment
Outcome
Claim allowed in part
Legal Topics
Security Deposit, Tenancy Agreement, Refund, Burden of Proof
Contract Law Landlord and Tenant Security Deposit Tenancy Agreement Refund Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Ferenc

Claimant

Fenella

Defendant

Feray

Defendant

Procedural Posture

Small Claims Tribunal / Judgment

Legal Issues

  1. 1 Whether the Defendants are obligated to refund the security deposit to the Claimant
  2. 2 Whether deductions claimed by Defendants are substantiated
  3. 3 Whether the Claimant is entitled to compensation for delay in refund

Ratio Decidendi

Claimant fulfilled obligations under the tenancy contract; Defendants failed to provide evidence for claimed deductions; full security deposit must be refunded.

Court Disposition

Claim allowed in part

Orders

  • Defendants shall pay Claimant AED 4,500
  • Each party shall bear their own costs