BCC 408/2009

This case involved non-payment of rent. Issues included whether an agreed discount should be applied and if one individual was due to pay all the rent whether there were multiple tenants.

Background

A landlord filed a case against a tenant before the court requesting the tenant pay them 44266.266 Dinars and interest for arrears.

The court ruled that the tenant should pay the landlord the amount.

The tenant appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled the tenant should pay the landlord 39307.290 Dinars.

Decision

The tenant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had erred in the application of law because the court had ordered him to pay the full value of the rent though he has a partner in the tenancy agreement. The tenant also said that the court estimated the annual rent at 6400 Dinars though the rent had been decreased by 25% by the landlord on 24/01/1987.