Woman wins Dhs100,000 compensation for rain water leakage in her Dubai flat

The Dubai Real Estate Court ordered a famous resort and hotel to pay compensation of Dhs100,000 to a European woman who owns a property unit in the hotel, due to the material and moral damages she incurred due to the hotel’s breach of its contractual obligations.

According to the case files, the European woman filed a lawsuit demanding that the resort and hotel pay compensation of Dhs220,000 with a legal interest of 5% from the date of filing the lawsuit, in addition to obliging them to pay fees, expenses, and attorney fees.

The plaintiff stated that the appellees neglected the insulation work for the property unit she owns, leading to rainwater leakage into her apartment, which caused damage to her home furniture due to structural defects which were not addressed by the real estate developer or the maintenance company.

The plaintiff provided technical evidence and expert reports confirming the water leakage due to deficiencies in the insulation work.

She also submitted reports from specialised entities indicating that the breach of waterproofing is a structural violation that warrants compensation.

The appellees claimed they were not responsible for the damages suffered by the plaintiff, arguing that periodic maintenance falls under the owner’s responsibility and that the plaintiff did not submit official notices before resorting to the court.

The legal representative of the plaintiff, Dr Alaa Nasr, stated that after reviewing the pleadings, hearing the statements of the parties, and studying the technical reports, the court ordered the appellees to pay Dhs100,000 as compensation to the plaintiff for the material and moral damages she incurred.

Dr Nasr noted that the law obligates real estate developers and responsible companies to carry out insulation and maintenance work in residential projects and requires them to adhere to engineering standards to avoid harm to owners and tenants.

“It also grants consumers and owners the right to claim compensation when contractual obligations are breached,” Dr Nasr added.