Bailhache v Williams [1968] JJ 997 (21 November 1968)

A landlord's failure to refer a rent dispute to arbitration does not automatically bar a claim for higher rent, but unreserved acceptance of the old rent for a new period precludes such a claim.

Citation: [1968] JJ 997
Parties: Landlord: Bailhache; Tenant: Williams
Jurisdiction: Jersey
Judgment Date: 21 November 1968
Procedural Posture: Landlord and Tenant Dispute / Judgment
Outcome: Claim for higher rent barred due to unreserved acceptance of old rent.
Legal Topics: Arbitration, Rent Determination, Acceptance of Rent

Landlord and Tenant Arbitration Rent Determination Acceptance of Rent

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Parties

Bailhache

Landlord

Williams

Tenant

Procedural Posture

Landlord and Tenant Dispute / Judgment

Legal Issues

1 Whether landlord's failure to refer rent dispute to arbitration bars claim for higher rent
2 Effect of unreserved acceptance of old rent for new period

Ratio Decidendi

A landlord's failure to refer a rent dispute to arbitration does not automatically bar a claim for higher rent, but unreserved acceptance of the old rent for a new period precludes such a claim.

Court Disposition

Claim for higher rent barred due to unreserved acceptance of old rent.