Skip to Content

Delman v Deloise [2013] DIFC SCT 018

Delman v Deloise [2013] DIFC SCT 018

October 8, 2013


Claim No: SCT 018/2013


In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Ruler of Dubai









Hearing: 24 September 2013

Judgment: 8 October 2013


UPON hearing the Claimant and the Defendant

AND UPON reading the submissions and evidence filed and recorded on the Court file


The Claim shall be dismissed.

The reasons:

1. The Claimant (Tenant) had singed a Tenancy Contract (“the Contract”) with the Defendant (Landlord) to rent Unit No.2504 at Sky Gardens Tower in the DIFC (“the Unit”). The tenancy period was for 12 months starting from 1 August 2012 and ending on 31 July 2013. The rent amount was agreed to be AED 69,000.
2. The Landlord had notified the Claimant that the new rent amount would be AED 94,700, should the Tenant wish to renew the Contract.
3. The Claimant refused to renew the Contract on the Defendant’s new terms of rent amount and continued possession of the Unit after the rent period had expired. The Claimant alleged that the increase in the rent amount was illegal according to Dubai Law No.26 of 2007, which prevented the Landlord from increasing the rent until the lapse of two years from the start date of the Contract.
4. No settlement was reached by the parties at the end of the consultation, consequently, the case was sent for adjudication.
5. On 24 September 2013 I heard both parties’ submissions. The Claimant argued that, should the Defendant not wish to renew the Tenancy Contract on the same terms and conditions as the expired contract, the Defendant was required to notify the Claimant of the same not less than 90 days prior to the expiry date. The Defendant argued that according to the Contract there was no need for the Landlord to send any tenancy expiration notification to the Tenant, as the Contract would expire at the end of the tenancy period.
6. I have reviewed the Tenancy Contract, which provides the following:


“11. This Tenancy Contract shall expire at the end of the Tenancy Period without the need to send any notice/notification by any Party to the other Party, unless renewed upon the mutual agreement of the Parties.”


7. It is clear on the face of the above-cited term that the tenancy relationship between the Landlord and the Tenant had expired on 31 July 2013, following which the Defendant had not been required to notify the Claimant of the same.
8. It seems to me that, after 31 July 2013 the Landlord had made an offer to the “former” Tenant with new terms regarding the rent amount, but the “former” Tenant had not accepted that offer. Therefore, the Claimant had no contractual basis for occupying the Unit and should vacate the Unit immediately.
9. In any event, the Claimant has failed to prove to me that Dubai Law No.26 of 2013 would apply in the DIFC. In addition, the DIFC has no Laws or Regulations that prevented the Landlord from increasing the rent amount after the Tenancy Contract had expired.
10. For the reasons set out above, I hold that the Claimant’s Claim against the Defendant shall be rejected.


Shamlan Al Sawalehi
Small Claims Tribunal Judge
Date of Issue: 8 October 2013
At: 11am


Privacy Policy

The Dubai International Financial Centre and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dubai International Financial Centre and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

  1. DIFC Courts's Top Management is committed to secure information of all our interested parties.
  2. Information security controls the policies, processes, and measures that are implemented by DIFC Courts in order to mitigate risks to an acceptable level, and to maximize opportunities in order to achieve its information security objectives.
  3. DIFC Courts and all its affiliates shall adopt a systematic approach to risk assessment and risk treatment.
  4. DIFC Courts is committed to provide information security awareness among team members and evaluate the competency of all its employees.
  5. DIFC Courts and all its affiliates shall protect personal information held by them in all its form.
  6. DIFC Courts and all its affiliates shall comply with all regulatory, legal and contractual requirements.
  7. DIFC Courts and all its affiliates shall provide a comprehensive Business Continuity Plan encompassing the locations within the scope of the ISMS.
  8. Information shall be made available to authorised persons as and when required.
  9. DIFC Courts’s Top Management is committed towards continual improvement in information security in all our processes through regular review of our information security management system.


The content of the DIFC Courts website is provided for information purposes only and should be disregarded when making decisions on inheritance and any other matters. Whilst every reasonable effort is made to make the information and commentary accurate and up to date, the DIFC Courts makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on this website, which is subject to change at any time without notice. The information and commentary does not, and is not intended to, constitute legal advice by the DIFC Courts or any person employed or connected with it or formerly so employed or connected, to any person on any matter, be it in relation to inheritance, succession planning or otherwise. You are strongly advised to obtain specific, personal advice from a suitably qualified lawyer in relation to your personal circumstances and your objectives. The DIFC Courts does not assume any liability and shall not be liable to you for any damages, including but not limited to, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website, its administration and any content or lack thereof found on it. The information on this web site is not to be displayed except in full screen format. Although care has been taken to provide links to suitable material from this site, no guarantee can be given about the suitability, completeness or accuracy of any of the material that this site may be linked to or other material on the internet. The DIFC Courts cannot accept any responsibility for the content of material that may be encountered therein.