Urgent Restoration of Essential Cooling Services

When cooling services were unjustly cut off from four residential units on Al Reem Island, we secured an urgent court order to restore essential services and protect residents from health risks.
  • Summary Matters
  • Property Rights
  • Urgent Order Upheld

Case Overview

How swift legal action through the Summary Matters Court protected residents from unjustified service cutoffs and upheld fundamental property rights.

Challenge

Cooling services cut off from four residential units with families inside during hot weather

Strategy

Urgent application to Summary Matters Judge citing health risks and unlawful fee demands

Outcome

Urgent order upheld, challenge rejected, cooling service restored, opponents ordered to pay costs

The Situation

In one of the residential towers on Al Reem Island, the owner of four residential units was shocked to discover that the cooling service had been completely cut off from the apartments, despite families living inside them.

Temperatures were still high, and the harm to residents was imminent. The owner therefore decided to immediately refer the matter to the Summary Matters Judge to restore the service on an urgent basis.

The Unjustified Demands

The property management entity did not deny cutting off the cooling, but claimed that the owner had failed to pay "new cooling fees" that were suddenly introduced as of July 2025. However, the problems with this claim were numerous:

  • These fees did not previously exist The fees were never communicated to the owners

  • No meters had been installed for each unit as is standard practice

  • Fees were calculated based on unit area rather than actual consumption — contrary to professional norms

  • Payment was demanded into the account of a company with which the owner had no contractual relationship

  • The requesting entity was not even the entity managing the property

    • The Legal Challenge

    After the urgent order was issued to restore the cooling, the two complainants filed a challenge requesting:

  • Cancellation of the order on the grounds of lack of jurisdiction

  • Arguing that the situation was not urgent

  • Claiming that the owner owed the cooling fees

    • The Court's Decision

    After hearing the arguments and reviewing the documents, emails, and the police report confirming the service cutoff, the Court concluded:

  • The Court has jurisdiction: Summary matters fall within the competence of the Summary Matters Judge in Abu Dhabi and have no connection to the jurisdiction of the Abu Dhabi Global Market Courts

  • The urgency requirement is clearly satisfied: There was a real health risk to residents in hot weather conditions, and an essential service had been cut without justification

  • The cooling cutoff was unjustified: The fees were newly introduced, never notified to owners, no meters existed, the calculation method was unlawful, and the entity requesting payment was not the managing entity

  • The urgent order is valid: The challenge lacked any legal basis

    • Case Timeline

    Service Cutoff Discovered

    Owner of four residential units on Al Reem Island discovered cooling service completely cut off despite families living inside

    Urgent Application Filed

    Matter immediately referred to Summary Matters Judge to restore essential cooling service on urgent basis due to health risks

    Urgent Order Issued

    Court issued urgent order to restore cooling services, recognizing the immediate health risk to residents

    Challenge Filed by Opponents

    Property management filed challenge claiming lack of jurisdiction, no urgency, and alleged unpaid cooling fees

    Challenge Rejected - Order Upheld

    Court rejected all grounds of challenge, confirmed jurisdiction, upheld urgent order, and ordered opponents to pay all costs

    Final Outcome

    The Court rejected the challenge, upheld the urgent order to restore the cooling service, and ordered the two complainants to bear the fees and costs.

    Key Legal Principle

    This case demonstrates how the Summary Court protects residents' fundamental rights and prevents any abuse in cutting essential services. The ruling reaffirmed important principles:

    • Essential Services Protection: Cooling services in hot climates constitute essential services that cannot be arbitrarily cut

    • Proper Notice Required: New fees cannot be introduced without proper notification to property owners

    • Lawful Calculation Methods: Service fees must be calculated according to professional norms, typically based on actual consumption

    • Contractual Privity: Payment can only be demanded by parties with a valid contractual relationship

    • Summary Court Jurisdiction: Urgent matters affecting residents' health and safety fall within Summary Court jurisdiction

    Proper legal procedures always begin with respecting the rights of owners and tenants alike.

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