Lineesh v Lahari [2021] DIFC SCT 045 (04 April 2021)

Lineesh v Lahari [2021] DIFC SCT 045 (04 April 2021)

The Defendant breached the tenancy contract by failing to pay the agreed rent, failing to provide the required 60-day written notice of non-renewal, and not officially vacating the unit, making the Defendant liable for unpaid rent, overstay charges, and court fees.

Citation
[2021] DIFC SCT 045
Parties
Claimant: Lineesh; Defendant: Lahari
Jurisdiction
United Arab Emirates
Judgment Date
04 April 2021
Procedural Posture
Small Claims Tribunal / Judgment
Outcome
Claim allowed in full
Legal Topics
Tenancy Agreement, Non Payment of Rent, Overstay Charges, Notice of Non Renewal, Breach of Contract
Landlord and Tenant Contract Law Tenancy Agreement Non Payment of Rent Overstay Charges Notice of Non Renewal Breach of Contract

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Parties

Lineesh

Claimant

Lahari

Defendant

Procedural Posture

Small Claims Tribunal / Judgment

Legal Issues

  1. 1 Whether the Defendant is liable for unpaid rent under the tenancy contract
  2. 2 Whether the Defendant is liable for rent and charges for the overstay period after contract expiry
  3. 3 Whether proper notice of non-renewal was given by the Defendant

Ratio Decidendi

The Defendant breached the tenancy contract by failing to pay the agreed rent, failing to provide the required 60-day written notice of non-renewal, and not officially vacating the unit, making the Defendant liable for unpaid rent, overstay charges, and court fees.

Court Disposition

Claim allowed in full

Orders

  • Defendant to pay Claimant AED 108,246.50 for rent and overstay from 1 November 2020 to 31 March 2021
  • Defendant to pay daily rent of AED 408.30 from 1 April 2021 until official vacation of the unit