Matias v Mya [2021] DIFC SCT 340 (28 January 2022)

Matias v Mya [2021] DIFC SCT 340 (28 January 2022)

The Defendant breached the contract by terminating without notice prior to the move-in date. The contract did not specify a penalty for landlord termination, so damages are assessed under DIFC Contract Law. The Claimant is entitled to compensation for actual loss, calculated as 20 days at the daily rental rate, totaling AED 6,666.60. The claim for two months’ rent as penalty is rejected as the contract only provides this for tenant termination.

Citation
[2021] DIFC SCT 340
Parties
Claimant: Matias; Defendant: Mya
Jurisdiction
United Arab Emirates
Judgment Date
28 January 2022
Procedural Posture
Small Claims Leasing Tribunal / Judgment After Hearing
Outcome
Claim partly allowed
Legal Topics
Tenancy Termination, Damages for Breach of Contract, Notice Requirements, Compensation Calculation
Contract Law Landlord and Tenant Law Tenancy Termination Damages for Breach of Contract Notice Requirements Compensation Calculation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Matias

Claimant

Mya

Defendant

Procedural Posture

Small Claims Leasing Tribunal / Judgment After Hearing

Legal Issues

  1. 1 Whether the Defendant breached the tenancy contract by terminating without notice
  2. 2 Whether the Claimant is entitled to damages and compensation for breach of contract
  3. 3 How damages should be calculated in the absence of a contractual penalty for landlord termination

Ratio Decidendi

The Defendant breached the contract by terminating without notice prior to the move-in date. The contract did not specify a penalty for landlord termination, so damages are assessed under DIFC Contract Law. The Claimant is entitled to compensation for actual loss, calculated as 20 days at the daily rental rate, totaling AED 6,666.60. The claim for two months’ rent as penalty is rejected as the contract only provides this for tenant termination.

Court Disposition

Claim partly allowed

Orders

  • Defendant to pay Claimant AED 6,666.60
  • Defendant to pay Claimant court fees of AED 333.33