CourtRoyal Court
Judge(Ereaut, Bailiff and Jurats Le Brocq and Bailhache):
Judgment Date30 March 1976
Date30 March 1976
(Ereaut, Bailiff and Jurats Le Brocq and Bailhache):

A. Clyde-Smith for the applicant;

H.M. Attorney General for the respondent.

Housing—rent control—change of identity of premises—if rent-controlled house subject to such structural alteration that effectively becomes new house, rent control ceases to apply

EREAUT, BAILIFF: This matter arises upon a representation presented to the Royal Court on 12th March, 1976, by Robert Archdale Limited (to which we shall refer as " the Company "), a limited liability company registered in Jersey.

The representation showed that:—

1. The Landlord Company purchased the property known as Number Twelve Green Street, in the Parish of St. Helier, Island of Jersey, by contract passed before the Royal Court on the 9th day of February, 1973;

2. At the time of the said purchase the previous building, which comprised one dwelling house consisting of a lounge, kitchen, three bedrooms, two attic rooms, bathroom without water, outside toilet and garden, had been demolished, and a new building consisting of three one bedroom flats was in course of construction, the said new building being completed by April 1973;

3. The Landlord Company duly let the three one bedroom flats at a rental of Ten Pounds each per week;

4. The possibility that the said new flats could be rent controlled within the meaning of the Dwelling Houses (Rent Control) (Jersey) Law, 1946, did not occur to the Landlord Company, which at the time was unaware that the said demolished house had been rent controlled;

5. In or about the month of December, 1975, it came to the knowledge of the Landlord Company that the said demolished house may have been rent controlled, and to avoid any possible doubt, the Landlord Company wrote to the Housing Department on the 10th day of December, 1975, seeking confirmation that the said three new flats were not rent controlled;

6. On the 10th day of February, 1976, the Clerk to the Tribunal wrote in the following terms:—

"Thank you for your letter of the 10th December, 1975, I apologise for the delay in answering. The property known as 12, Green Street was assessed on 14th August, 1964 at a rental of £1.50 (one pound 50p) per week and it is the opinion of the Tribunal that the property remains rent controlled."

The Company therefore asked the Court to adjudicate upon the following questions:—

1. Are the premises No. 12 Green Street, consisting as they now do of three one bedroom flats, rent controlled by virtue of the assessment of rent made by the Tribunal on 14th August, 1964, in respect of the former dwelling house now demolished

2. If so, does the control extend to one or all of the three new flats

The Court ordered that a copy of the Representation be served on H.M. Attorney General.

On 30th March, 1976, having heard the arguments of counsel for the Company and of the Attorney General, the Court adjudged that the new premises were not rent controlled by virtue of the assessment of the...

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1 cases
  • Lesquende Ltd v Planning and Environment Committee
    • Jersey
    • Royal Court
    • 17 February 1997
    ...v. Foreign Compensation Commn., [1969] 2 A.C. 147; [1969] 1 All E.R. 208; (1968), 113 Sol. Jo. 55. (2) Archdale (Robert) Ltd., In re, 1976 J.J. 355. (3) Associated Provncl. Picture Houses Ltd. v. Wednesbury Corp., [1948] 1 K.B. 223; [1947] 2 All E.R. 680; [1948] L.J.R. 190; (1947), 177 L.T.......

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