ECC 3939/2001

This case involved a request for a new tenancy agreement to be issued to an original tenant's brother who had lived in the property and paid rent after he had left. The court had authority to assess the evidence in this case and did not need to bring witnesses one of the parties had requested.

Background

A tenant filed a case against a landlord and other defendants and requested the court order the landlord to issue a new tenancy agreement for him. The tenant stated his brother had rented the disputed flat since 1950 and he stayed with him until he left the flat. The tenant stated he had continued paying the rent but the landlord had refused to issue him a new tenancy agreement.

The court ruled the landlord should issue a new tenancy agreement to the tenant.

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

Decision