BCC 516/2006

This case involved a request to evict a tenant for non-payment of rent. The tenant argued that they had the right to reserve the rent because the landlord had insulted them and entered the property without permission. Although a tenant could reserve rent if they were prevented from benefiting from the property this tenant had not provided evidence this had happened.

Background

A landlord filed a case against a tenant before the court requesting the tenant vacate a rented property and pay rent arrears. The landlord said that the tenant had rented a flat from him starting from 01/01/2005 and failed to pay the rent starting June 2005.

The court ruled that the tenant should vacate the flat and pay the landlord 810 Dinars.

The tenant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision