Ibhar v Ivanna [2018] DIFC SCT 086 (23 April 2018)

Ibhar v Ivanna [2018] DIFC SCT 086 (23 April 2018)

The Defendant provided sufficient notice to vacate through the Agent, as evidenced by WhatsApp correspondence and Claimant's admission. Rent for the extension was agreed at AED 70,000 per year. Defendant is liable for the rent shortfall, bounced cheque fee, remaining chiller bill, and 15 days' overstay, but not for additional penalties or excessive cleaning costs.

Citation
[2018] DIFC SCT 086
Parties
Claimant: Ibhar; Defendant: Ivanna
Jurisdiction
United Arab Emirates
Judgment Date
23 April 2018
Procedural Posture
Small Claims Tribunal Tenancy Dispute / Judgment After Hearing
Outcome
Claim partly allowed
Legal Topics
Tenancy Notice Requirements, Rent Payment Disputes, Security Deposit Deductions, Bounced Cheque Liability, Overstay Penalties
Landlord and Tenant Contract Law Tenancy Notice Requirements Rent Payment Disputes Security Deposit Deductions Bounced Cheque Liability Overstay Penalties

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Parties

Ibhar

Claimant

Ivanna

Defendant

Procedural Posture

Small Claims Tribunal Tenancy Dispute / Judgment After Hearing

Legal Issues

  1. 1 Whether the Defendant provided valid notice to vacate as per the contract
  2. 2 Whether the Defendant is liable for rent shortfall and bounced cheque
  3. 3 Whether the Defendant is liable for Place Management (chiller) bills

Ratio Decidendi

The Defendant provided sufficient notice to vacate through the Agent, as evidenced by WhatsApp correspondence and Claimant's admission. Rent for the extension was agreed at AED 70,000 per year. Defendant is liable for the rent shortfall, bounced cheque fee, remaining chiller bill, and 15 days' overstay, but not for additional penalties or excessive cleaning costs.

Court Disposition

Claim partly allowed

Orders

  • Defendant to pay Claimant AED 2,368.66 after deduction of deposit
  • Claimant to return Defendant’s cheque for AED 16,250