Background

A landlord filed a case against a tenant requesting that the court dismiss a tenancy agreement and order the tenant to vacate a flat as he had violated the safety standards of the building.

The court ruled that the tenancy agreement be dismissed and the tenant vacate the flat.

The tenant appealed and the appeal court upheld the ruling.

The tenant appealed by cassation.

Decision

Before the cassation court, the defendant argued that the ruling had erred in the application of law as he had maintained before the court that the ruling confirming he had violated safety standards did not entail evacuation as the court did not review the damage to the building.

The court held that this argument was valid as the court had ignored this defence made by the tenant and did not investigate it properly.

The court therefore repealed the ruling.