By Mohamed Ghanem
Lawyer I LLM I Lecturer I Speaker I DIAC Arbitrator
November 21, 2024
In recent judgment from RDC, the tenant sought to terminate the contract with the landlord due to poor maintenance, health and safety issues, and damages to the leased property caused by heavy rain and flooding in April 2024. Based on the documents and the expert report, which the committee deems credible, the damages identified pose significant risks to residents. These include faulty doors prone to falling, water leaks near electrical panels, ground subsidence, and visible wall cracks, which necessitated evacuating the residents for repairs. Despite the tenant notifying the landlord to undertake repairs, the landlord delayed and neglected the required work. These damages severely impacted the tenant’s ability to use the property, rendering it only 30% functional and forcing the tenant to move to another property.
Given these findings, the committee rules to terminate the lease agreement and orders the landlord to return the original cheques to tenant, as specified in the judgment.
In general, in case of termination rendered by court judgment, RDC usually order to refund the rent to the tenant from the date of termination by virtue of final court judgment. However, in this case the court stated Regarding the claim for a refund of rent for the period of non-utilization of the property, as per the expert report the landlord’s failure to perform maintenance during the initial lease term despite being notified by the tenant. The landlord’s correspondence directed the tenant to vacate for repairs without providing alternative accommodation. The report also confirms the claimant’s utility of the property at only 30%.
The committee, therefore, rules that the landlord must:
1) Refund the full rental amount for the period of non-utilization.
2) Refund 70% of the rent for the period of partial utilization, as specified in the judgment.