Gert v Germaine [2016] DIFC SCT 097 (25 September 2016)

Gert v Germaine [2016] DIFC SCT 097 (25 September 2016)

The landlord's failure to remedy the sewage smell constituted non-performance of a major maintenance obligation under the tenancy contract. This amounted to fundamental non-performance, entitling the tenant to terminate the contract and claim restitution of rent for the period after termination, as well as the return of the security deposit (subject to valid deductions) and reimbursement of court fees.

Citation
[2016] DIFC SCT 097
Parties
Claimant: Gert; Defendant: Germaine
Jurisdiction
United Arab Emirates
Judgment Date
25 September 2016
Procedural Posture
Small Claims Tribunal / Judgment
Outcome
Claim partly allowed
Legal Topics
Breach of Tenancy Contract, Major Maintenance Obligations, Restitution, Termination for Non Performance
Contract Law Landlord and Tenant Breach of Tenancy Contract Major Maintenance Obligations Restitution Termination for Non Performance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Gert

Claimant

Germaine

Defendant

Procedural Posture

Small Claims Tribunal / Judgment

Legal Issues

  1. 1 Whether the landlord breached the tenancy contract by failing to remedy major maintenance issues (sewage smell)
  2. 2 Whether the tenant was entitled to terminate the contract and claim restitution of rent and deposit

Ratio Decidendi

The landlord's failure to remedy the sewage smell constituted non-performance of a major maintenance obligation under the tenancy contract. This amounted to fundamental non-performance, entitling the tenant to terminate the contract and claim restitution of rent for the period after termination, as well as the return of the security deposit (subject to valid deductions) and reimbursement of court fees.

Court Disposition

Claim partly allowed

Orders

  • Defendant to pay Claimant AED 83,333.33 as reimbursement for five months of rent.
  • Defendant to submit inspection documents, list of repairs, and quotes to SCT Registry by 15 October 2016.