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	Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1999/80 - AG v Direct Furniture Supplies,French and Sprent [1999] UR 80 (7 May 1999) URL: http://www.bailii.org/je/cases/UR/1999/80.html Cite as: [1999] UR 80

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ROYAL COURT

(Samedi Division)

7 May 1999

Before: F C Hamon Esq Deputy Bailiff and

Jurats Myles and Quérée

AG -v- Direct Furniture Supplies Ltd,

Edward Richard French, Christopher Andrew Sprent

Each defendant is charged with:

1 count of contravening Article 14(1)(a) of the Housing (Jersey) Law, 1949, as amended, by failing, without reasonable excuse, to comply with a condition attaching to a Housing Committee consent to the assignment of the unexpired term of a contract lease of properties, stipulating that each unit of private dwelling accommodation should not, without the Committee’s consent, be let unfurnished to/be occupied by persons other than those approved by the Committee as falling within the categories specified in Regulation 1(1)(a)-(h) of the Housing (General Provisions) (Jersey) Regulations, 1970, as amended.

Age: E R French 56; C A Sprent 38

Plea: Facts admitted

Details of Offence:

Defendant company was contract lessee of commercial premises and five units of dwelling accommodation in St. Helier. Housing consent contained usual condition that residential units only to be occupied by persons qualified under Regulation 1(1)(a-h) of the Housing (General Provisions) (Jersey) Regulations 1949.

On 27 January 1997 the qualified tenant notified Messrs. Sprent and French, directors and beneficial owners of the defendant company that she was vacating Flat 3.

On 28 January 1997 Mr. French wrote to the unqualified occupants of Flat 3 advising them that they had to vacate the flat "as soon as possible". The letter was copied to the Housing Department.

Some 18 months later, in August 1998, Enforcement Officers visited Flat 3. The unqualified tenants were still in occupation. Investigations revealed that rent had been paid to Mr. French in one of the shops at ground floor level during the whole of that 18 month period.

Details of Mitigation:

Plea of guilty. Immediate admissions made. Open in dealings with Housing Department. Did not wish to place the family out of the street in mid winter. Same rent charged to unqualified as to qualified tenants. When investigations commenced in August 1998 situation resolved speedily by defendant company.

Previous Convictions: None

Conclusions:

Count 1: (Direct Furniture Supplies): £1,500 fine.

Count 2: (E.R. French): £500 fine or 2 weeks imprisonment in default of payment.

Count 3: (C.A. Sprent): £500 fine or 2 weeks imprisonment in default of payment.

£500 costs jointly and severally.

Sentence and Observations of the Court:

Count 1: £1,000 fine.

Count 2: £250 fine or 2 weeks imprisonment in default of payment.

Count 3: £250 fine or 2 weeks imprisonment in default of payment.

£500 costs jointly and severally.

P Matthews Esq Crown Advocate

Advocate A P Begg for the accused

JUDGMENT

THE DEPUTY BAILIFF: This is a case of evicting an unqualified couple because they cease to have the right to live in a property when the qualified person leaves. The company and its directors made known their problems to the Housing Department in January, 1997. In our view they were not helped by the advice they received and to a certain extent they have our sympathy on that point. But 18 months later that sympathy has dissipated.

The Housing Department called, perhaps on information supplied, and matters were eventually, and speedily, resolved. But the problem is not one for the Housing Department but for the company.

The company’s directors have an unblemished record. They have run the company for 12 years without any problem and whilst a fine is clearly necessary it need not, in our view, be as high as the conclusions moved for by the learned Crown Advocate. However, we must mark our disapproval, not for the breach itself but for the length of the breach. Therefore, we are going to fine the company £1,000; each of the two directors £250; or 2 weeks’ imprisonment in default of payment; with £500 costs.

Authorities

AG -v- Dorset Holdings, Ltd (2^nd March, 1998) Jersey Unreported. [1998.045]

AG -v- Saunter (10^th January, 1997) Jersey Unreported.

AG -v- Troys Estate Agency (16^th May, 1997) Jersey Unreported.

AG -v- Combe-Dingle (15^th May, 1993) Jersey Unreported.