ADCC 7/2009

The original dispute involved a request for the eviction of a tenant and the payment of late rent on the grounds a tenancy agreement had ended. The tenant claimed there was no agreement and the document had been forged. The expert agreed with that. It was confirmed the decision of the lower court could be cancelled in this case.

Background

A landlord filed a case against a tenant and requested the court order the tenant to vacate a house, pay late rent and for the tenancy agreement to be ended. The landlord stated although the period of the tenancy had finished, the tenant had refused to leave the house.

The court ruled the tenancy agreement should be ended. The court ruled the tenant should pay the late rent starting from 13/07/2002 until they left the property.

The tenant appealed the ruling before the court of appeal and claimed he had no tenancy agreement with the landlord and the tenancy agreement had been fabricated.

The court appointed an expert to evaluate the case and the claims made by the tenant. The expert found that the signature on the tenancy agreement was not the same as the tenant's signature.