Nazeem v Niamat [2024] DIFC SCT 377 (18 October 2024)

Nazeem v Niamat [2024] DIFC SCT 377 (18 October 2024)

The landlord is entitled to deduct AED 2,538 from the security deposit for repairs to the laundry cupboard doors and repainting, as these do not constitute fair wear and tear. Deductions for cleaning are not permitted due to lack of evidence and building conditions. The remainder of the security deposit is to be returned to the tenant.

Citation
[2024] DIFC SCT 377
Parties
Claimant: Nicholas James Witty Nazeem; Defendant: Niamat
Jurisdiction
United Arab Emirates
Judgment Date
18 October 2024
Procedural Posture
Small Claims Leasing Tribunal / Judgment
Outcome
Partly in favour of Claimant
Legal Topics
Security Deposit, Repairs and Maintenance, Fair Wear and Tear, Tenancy Agreement, Deductions From Deposit
Landlord and Tenant Property Law Security Deposit Repairs and Maintenance Fair Wear and Tear Tenancy Agreement Deductions From Deposit

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Parties

Nicholas James Witty Nazeem

Claimant

Niamat

Defendant

Procedural Posture

Small Claims Leasing Tribunal / Judgment

Legal Issues

  1. 1 Whether the landlord is entitled to deduct amounts from the tenant's security deposit for repairs, cleaning, and repainting.
  2. 2 Whether the damages claimed constitute fair wear and tear under the Tenancy Agreement and DIFC Leasing Law.

Ratio Decidendi

The landlord is entitled to deduct AED 2,538 from the security deposit for repairs to the laundry cupboard doors and repainting, as these do not constitute fair wear and tear. Deductions for cleaning are not permitted due to lack of evidence and building conditions. The remainder of the security deposit is to be returned to the tenant.

Court Disposition

Partly in favour of Claimant

Orders

  • The security deposit in the amount of AED 5,962 shall be forfeited in favour of the Claimant after deducting AED 2,538 for repairs.
  • Each party shall bear its own costs.