December 23, 2021 SCT - JUDGMENTS AND ORDERS
Claim No. SCT 274/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
In the name of His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Ruler of Dubai
IN THE SMALL CLAIMS LEASING TRIBUNAL OF DIFC COURTS
BEFORE H.E. JUSTICE NASSIR AL NASSER
BETWEEN
LEEKHIT
Claimant
and
LILADHAR
Defendant
| Hearing : | 16 December 2021 |
|---|---|
| Judgment : | 23 December 2021 |
JUDGMENT OF H.E. JUSTICE NASSIR AL NASSER
UPON this claim having been called for a hearing, with the Claimant’s representative and the Defendant in attendance
AND UPON reading the submissions and evidence filed and recorded on the Court file
IT IS HEREBY ORDERED THAT:
1. The Defendant shall pay the Claimant the total sum of AED 62,100.
2. The Defendant shall evict Unit 000, DIFC, Dubai on 15 January 2022.
3. The Defendant shall pay all outstanding fees relating to the utility services, including DEWA, Empower and internet services, until the date of eviction.
4. The Defendant shall pay the Claimant the Court fees in the sum of AED 2,000.
Issued by:
Nassir Al Nasser
SCT Registrar
Date of issue: 23 December 2021
At: 12pm
THE REASONS
The Parties
1. The Claimant is Leekhit (the “Claimant”), the owner of Unit 000, DIFC, Dubai, UAE (the “Unit”).
2. The Defendant is Liladhar (the “Defendant”), the tenant of the Unit.
Background and the Preceding History
3. The underlying dispute arises over a tenancy contract entered into between the parties dated 10 December 2020 for a tenancy period from 17 December 2020 to 16 December 2021 (the “Contract”). The Contract provided that the Claimant would rent the Unit for 1 year in return for AED 120,000, to be paid over 4 instalments.
4. On 16 September 2021, the Claimant filed a claim in the DIFC Courts’ Small Claims Tribunal (the “SCT”) seeking payment in the sum of AED 40,050 which consists of unpaid rent that has fallen due as per the Contract.
5. On 5 October 2021, by way of an email to the SCT Registry, the Defendant acknowledged service of this claim and provided a payment plan.
6. The parties met for a Consultation on 19 and 27 October 2021, 2 and 7 November 2021 before SCT Judges Hayley Norton and Maitha Al Shihhe but were unable to reach a settlement.
7. In line with the processes and procedures of the Small Claims Tribunal (the “SCT”) this matter was referred to me for determination pursuant to a hearing scheduled before me on 18 November 2021. At the hearing, the parties attempted to reach an amicable solution, however, this was later revoked. Therefore, a second hearing was listed before me on 16 December 2021. The Claimant’s representative and the Defendant attended the second hearing.
8. On 22 December 2021, the Claimant amended its claim value to reflect the sum of AED 64,100, which consists of the following claims:
(a) AED 50,000 for outstanding rent to 15 December 2021;
(b) AED 2,000 for the Court fees;
(c) AED 2,100 as penalty payment for two bounced cheques; and
(d) AED 10,000 as rent until 15 January 2022
The Claim
9. The Claimant’s case is that he had rented the Unit pursuant to the Contract. However, the cheque provided by the Defendant dated 17 June 2021 in the amount of AED 30,000 bounced.
10. The Claimant alleges that the Defendant promised to settle the outstanding amount but to date has failed to do so.
11. Therefore, the Claimant seeks an order from the Court for the payment of the remainder of the rent in the sum of AED 64,100, which includes a penalty for bounced cheques in the sum of AED 2,100, the Court fees in the sum of AED 2,000, and eviction of the Defendant from the Unit as the Contract between the parties has now expired.
The Defence
12. The Defendant did not deny the claim and as stated above has previously attempted to settle this matter At the second hearing the Defendant submitted that she is unable to pay the rent and she needs more time.
Discussion
13. The relationship between the parties is governed by the Contract along with the DIFC Leasing Law No. 1 of 2020 (the “DIFC Leasing Law”).
14. The remedies sought by the Claimant are as follows:
(a) Payment of the rent;
(b) Payment of the overstay until 15 January 2022;
(c) To evict the Defendant from the Unit as the Contract has expired;
(d) Payment penalty of the bounced cheque in the sum of AED 2,100; and
(e) The payment of the Court fees in the sum of AED 2,000.
15. The Defendant admitted the claim at the second hearing.
16. Therefore, I find that the Defendant shall pay the Claimant the rent amount plus the bounced cheque fees and overstay to 15 January 2022, and the Court fees. I also find that the Defendant shall evict the Unit on 15 January 2022.
Conclusion
17. In conclusion, I find the Defendant shall pay the Claimant the total sum of AED 62,100.
18. The Defendant shall evict the Unit on 15 January 2022.
19. The Defendant shall pay the Claimant the Court fees in the sum of AED 2,000.
