Tenant's Right to Suspend Rent for Uninhabitable Premises

A lower court upheld a claim for rent arrears against a tenant who had failed to make payments, despite the tenant arguing that a verbal agreement with the landlord had suspended the obligation due to the property being partially unfit for its intended use following damage. The high court quashed this decision, reasoning that the right to suspend the execution of a lease due to the landlord's failure to maintain the premises in a condition suitable for the agreed use is a right that belongs to the tenant and can be exercised even if the landlord disputes the condition, provided the evidence supports the existence of such a deficiency that justifies the suspension of rent payments.