Court Orders Restaurant Sub-Tenant Reimbursement After Landlord's Breach of Contract

TDT | Manama

The Daily Tribune - www.newsofbahrain.com

In a recent case, the High Civil Court in Bahrain ordered a restaurant sub-tenant to be reimbursed 3,500 dinars after the original landlord refused to hand over the property despite the sub-tenant paying rent and completing renovations. The court ruled that the original tenant did not have the right to sublet the property, rendering the sub-lease agreement invalid.

Lawyer Zahda Ahmed, representing the sub-tenant, explained that her client had leased the restaurant in Ras Ruman and paid over 3,500 dinars in rent, municipal fees, electricity bills, and cleaning costs. The sub-tenant received lease agreements and proceeded to renovate and decorate the property. However, upon completion, the original landlord refused to hand over the keys, revealing that the sub-tenant's lease was invalid as the original tenant did not have the right to sublet.

The sub-tenant filed a criminal complaint against the original tenant, who admitted to the agreement. During the court proceedings, witnesses testified that the sub-tenant had paid over 3,500 dinars in rent and had completed renovations before being denied access to the property. The court examined the lease agreement and confirmed that the original tenant was not authorised to sublet the property.

The court ruled that the original tenant's actions were invalid due to the lack of authorisation from the original landlord. The court also recognised that the sub-tenant had not benefited from the property, thus entitling them to a refund of the rent paid. As rent is directly linked to the benefit derived from the property, the court ordered the original tenant to reimburse the sub-tenant 3,500 dinars.

Furthermore, the court acknowledged the sub-tenant's claim for compensation for emotional distress and awarded 50 dinars in damages. Based on these findings, the court ordered the original tenant to pay the sub-tenant a total of 3,550 dinars, including court costs.