Hasia v Howie [2017] DIFC SCT 237 (23 November 2017)

Hasia v Howie [2017] DIFC SCT 237 (23 November 2017)

The Claimant provided adequate notice to terminate the tenancy in accordance with Clause 16 of the contract, forfeited 60 days rent as penalty, and is entitled to reimbursement of unused rent for July and August 2017, return of the AED 30,000 cheque, and refund of the AED 3,000 security deposit. The DIFC Courts have jurisdiction as the premises are located within the DIFC.

Citation
[2017] DIFC SCT 237
Parties
Claimant: Hasia; Defendant: Howie
Jurisdiction
United Arab Emirates
Judgment Date
23 November 2017
Procedural Posture
Small Claims Tribunal / Judgment After Hearing
Outcome
Claim allowed in full
Legal Topics
Tenancy Termination, Refund of Rent, Return of Security Deposit, Jurisdiction of DIFC Courts
Contract Law Landlord and Tenant Law Tenancy Termination Refund of Rent Return of Security Deposit Jurisdiction of DIFC Courts

Case Brief

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Parties

Hasia

Claimant

Howie

Defendant

Procedural Posture

Small Claims Tribunal / Judgment After Hearing

Legal Issues

  1. 1 Whether the Claimant is entitled to reimbursement of unused rent for July and August 2017
  2. 2 Whether the Claimant is entitled to the return of the AED 30,000 rental cheque
  3. 3 Whether the Claimant is entitled to the return of the AED 3,000 security deposit

Ratio Decidendi

The Claimant provided adequate notice to terminate the tenancy in accordance with Clause 16 of the contract, forfeited 60 days rent as penalty, and is entitled to reimbursement of unused rent for July and August 2017, return of the AED 30,000 cheque, and refund of the AED 3,000 security deposit. The DIFC Courts have jurisdiction as the premises are located within the DIFC.

Court Disposition

Claim allowed in full

Orders

  • The Defendant shall reimburse the Claimant AED 10,000 for rent for July and August 2017.
  • The Defendant shall return the Claimant’s cheque for AED 30,000 dated 1 September 2017.