BCC 684/2015

This case involved non-payment of rent. A tenant was able to withhold rent if they were unable to use the property.

Background

A claimant filed a case with the civil court against the defendant, requesting that they pay 15,300 Dinars and interest .

They had rented a house with a monthly rent of 850 Dinars, and failed to pay, the amount claimed .

The court asked the defendant to pay the amount required by the claimant .

The defendant appealed the ruling before the Court of Appeal, which upheld the appealed ruling .

The defendant appealed the ruling before the Court of Cassation because it had violated the right of defence.

They stated in her defence before the Court of Appeal that they were unable to utilize the property because it has faults and making it unsuitable for living in. This was proven in the conclusion of the expert who was appointed in a case filed by the defendant to prove the situation of the property.

Decision

The court said that the argument was valid in accordance with Article 519 of Bahrain Decree-Law No. 19/2001.