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Can I refuse to pay rent if the landlord did not provide electricity?

Dear Sir/Madam,

I rented a warehouse from a landlord on September 13, 2022, for an annual rent of 50,000 AED. I paid the first installment of 12,000 AED. The warehouse is our workshop where we manufacture customer orders.

The landlord had an issue with Abu Dhabi Municipality, so he did not issue us a tenancy contract until February 15, 2023. After we received the tenancy contract, we discovered that the landlord also had an issue with ADDC.

Due to these issues with the landlord, we were unable to get an electricity connection for our workshop until March 9, 2023.

The landlord is now demanding rent for this period, but we refused to pay because it was not our fault. We also suffered a lot of losses during this time because we were unable to fulfill customer orders due to the lack of electricity.

We also had to pay salaries to our idle workforce. The landlord has now filed an enforcement case against us by using the installment cheques. What legal actions can we take against the landlord now?

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Dar Al Haqooq Legal Consultancy
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13 Sep 2023, 17:19

Dear Client,

Thanks for your question!

I hope you are doing well. I will definitely assist you in this matter.

In this situation, review your lease agreement for clauses related to utilities and delays. Document the landlord's issues and their impact on your business.

Communicate your losses and concerns to the landlord and seek legal advice from us to understand your rights.

Consider dispute resolution options, such as mediation or arbitration. Respond to the enforcement case with our guidance and maintain thorough financial records.

Legal representation is important to protect your interests and navigate this complex matter.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will definitely be happy to help you.

Thanks & Regards,

ABDUL WAHIED

Ahmed Mohammed Bashir Advocates & Legal Consultancy
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13 Sep 2023, 17:46

Dear questioner,

The only way for you to challenge this cheque enforcement case is to file a cheque dispute appeal (إشكال).

In this appeal, you would have to present evidence that proves:

1. That the cheque is for rent.

2. That the rent is not justified for the previous period mentioned in your question as your company was not able to make use of the rented warehouse due to the negligence of the landlord.

If both points are proven (by documentary evidence, witnesses, and/or experts), then the cheque can be nullified.

For more information, please contact us on WhatsApp.

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KHE Legal Consultancy
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14 Sep 2023, 04:33

Dear Questioner,

You can sue the landlord for the inconvenience caused to you, but not in terms of nonpayment of rent.

It's advisable that you pay the rent and later you may sue him for the damages.

If you want to discuss this in detail, we can arrange a legal consultation session.

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Eman Al Ali Advocates & Legal Consultants
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14 Sep 2023, 05:57

Good Morning.

Thank you for contacting Eman Al Ali Advocates and Legal Consultants.

In reference to your query, if the lawsuit has been filed against you, you must also file a counter-lawsuit and the case will be investigated to find out who is the cause of the problem and who is negligent so that a judgment can be passed.

For further information, you can visit us in our office.

Best Regards

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