BCC 253/2008
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Rent & Service Charges, Regulatory Compliance, Electricity, Leases & Tenancy Agreements, General Landlord & Tenant
Copyright
LexisNexis
Decision date
9 Feb 2009
Catchwords
Landlord – Tenant – Evidence – Expert – Lease Contract – Electricity – Cancellation – Rent – Maintenance
This case involved a request for a lease to be dissolved, compensation, rent, maintenance costs and interest be paid because the tenant had not been able to use the property as there was no electricity. The court was wrong to ignore the defence that the tenant had known about the lack of electricity from the start and had used the property despite it. The expert report had also been incorrectly based on the fact the electricity was not yet connected when it was.
Background
A tenant filed a case before the High Civil Court against a lessor requesting the dissolution of a lease contract and compensation of rent paid and an amount he had spent repairing the leased property in addition to the benefit he had not earned plus interest because he could not use the property because it was not supplied with electricity.
The lessor filed a case before the same court demanding that the keys be deposited and proof provided that the building had been abandoned since the contract was signed.