Hathai v Hansel [2017] DIFC SCT 083 (22 May 2017)

Hathai v Hansel [2017] DIFC SCT 083 (22 May 2017)

The landlord's failure to remedy major maintenance issues (mould, odour) within a reasonable time constituted fundamental non-performance under the tenancy contract and DIFC Contract Law, entitling the tenant to terminate the contract without penalty and to damages for loss of enjoyment, calculated as half the rent paid for the relevant period.

Citation
[2017] DIFC SCT 083
Parties
Claimant: Hathai; Defendant: Hansel
Jurisdiction
United Arab Emirates
Judgment Date
22 May 2017
Procedural Posture
Small Claims Tribunal Tenancy Dispute / Judgment After Hearing
Outcome
Claim partly allowed
Legal Topics
Tenancy Contract Termination, Major Maintenance Obligations, Damages for Loss of Enjoyment, Security Deposit Deductions
Contract Law Landlord and Tenant Law Tenancy Contract Termination Major Maintenance Obligations Damages for Loss of Enjoyment Security Deposit Deductions

Case Brief

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Parties

Hathai

Claimant

Hansel

Defendant

Procedural Posture

Small Claims Tribunal Tenancy Dispute / Judgment After Hearing

Legal Issues

  1. 1 Whether the landlord breached major maintenance obligations under the tenancy contract
  2. 2 Whether the tenant is entitled to terminate the contract without penalty
  3. 3 Appropriate measure of damages for loss of enjoyment of premises

Ratio Decidendi

The landlord's failure to remedy major maintenance issues (mould, odour) within a reasonable time constituted fundamental non-performance under the tenancy contract and DIFC Contract Law, entitling the tenant to terminate the contract without penalty and to damages for loss of enjoyment, calculated as half the rent paid for the relevant period.

Court Disposition

Claim partly allowed

Orders

  • Defendant to pay Claimant AED 20,832 as damages for loss of enjoyment from date of claim to judgment.
  • Claimant may vacate premises after judgment without early termination penalty.