Lavangi v Lineesh [2021] DIFC SCT 085 (28 April 2021)

Lavangi v Lineesh [2021] DIFC SCT 085 (28 April 2021)

The Defendant breached the tenancy contract by failing to provide the required notice and not settling outstanding rent before vacating. The Claimant is entitled to outstanding rent, fees, and three months' compensation for early termination, but not to legal interest as it was not claimed in the claim form.

Citation
[2021] DIFC SCT 085
Parties
Claimant: Lavangi; Defendant: Lineesh
Jurisdiction
United Arab Emirates
Judgment Date
28 April 2021
Procedural Posture
Small Claims Tribunal / Judgment After Hearing
Outcome
Claim partly allowed
Legal Topics
Tenancy Termination, Early Termination Penalties, Outstanding Rent, Security Deposit Adjustment, Court Fees
Landlord and Tenant Contract Law Tenancy Termination Early Termination Penalties Outstanding Rent Security Deposit Adjustment Court Fees

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Parties

Lavangi

Claimant

Lineesh

Defendant

Procedural Posture

Small Claims Tribunal / Judgment After Hearing

Legal Issues

  1. 1 Whether the Defendant is liable for outstanding rent and penalties under the tenancy contract
  2. 2 Whether the Claimant is entitled to early termination compensation and other charges
  3. 3 Whether legal interest is payable

Ratio Decidendi

The Defendant breached the tenancy contract by failing to provide the required notice and not settling outstanding rent before vacating. The Claimant is entitled to outstanding rent, fees, and three months' compensation for early termination, but not to legal interest as it was not claimed in the claim form.

Court Disposition

Claim partly allowed

Orders

  • Defendant to pay Claimant AED 35,576.65
  • Defendant to pay Claimant court fees of AED 1,778.83