Tic Tac Shop v Srinivas Complex (Civil Appeal No: 20 of 2010) [2012] SCSC 18 (24 May 2012)

Tic Tac Shop v Srinivas Complex (Civil Appeal No: 20 of 2010) [2012] SCSC 18 (24 May 2012)

The appeal was dismissed because the Rent Board correctly found Mr. Frederick Payet to be the tenant, the lease ended with the partner's death and statutory tenancy arose, the landlord's refusal to accept partial payment did not absolve the tenant from liability, and the Board's orders for eviction and arrears were justified.

Citation
[2012] SCSC 18
Parties
Appellant: Tic Tac Shop; Respondent: Srinivas Complex
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 May 2012
Case Number
Civil Appeal No: 20 of 2010
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Eviction, Arrears of Rent, Statutory Tenancy, Lease Termination, Repair Obligations
Source Language
English
Landlord and Tenant Rent Control Eviction Arrears of Rent Statutory Tenancy Lease Termination Repair Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Tic Tac Shop

Appellant

Srinivas Complex

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the Rent Board erred in finding Mr. Frederick Payet as tenant instead of Tic Tac Shop or Tic Tac Macouti (Pty) Limited
  2. 2 Whether the lease agreement subsisted after the death of one partner
  3. 3 Whether the landlord's refusal to accept rent absolved the tenant from liability

Ratio Decidendi

The appeal was dismissed because the Rent Board correctly found Mr. Frederick Payet to be the tenant, the lease ended with the partner's death and statutory tenancy arose, the landlord's refusal to accept partial payment did not absolve the tenant from liability, and the Board's orders for eviction and arrears were justified.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety with costs to the respondent.