Andrews v Suisse Hotel Limited [2020] JRC 130 (06 July 2020)

Andrews v Suisse Hotel Limited [2020] JRC 130 (06 July 2020)

The appeal was dismissed because the Tenant was afforded a fair opportunity to be heard, there was a clear breach of the tenancy agreement due to underpayment of rent, and the Magistrate's procedure and decision were proper and justified.

Citation
[2020] JRC 130
Parties
Landlord: Hotel Suisse Ltd; Tenant: Madeline Andrews
Jurisdiction
Jersey
Judgment Date
06 July 2020
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Residential Tenancy, Eviction, Arrears of Rent, Right to Be Heard, Covid 19 Impact
Landlord and Tenant Civil Procedure Residential Tenancy Eviction Arrears of Rent Right to Be Heard Covid 19 Impact

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Parties

Hotel Suisse Ltd

Landlord

Madeline Andrews

Tenant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Tenant was denied an opportunity to present her defence before the Magistrate
  2. 2 Whether the eviction order and termination of tenancy were justified
  3. 3 Whether the Tenant was liable for arrears of rent during the Covid-19 pandemic

Ratio Decidendi

The appeal was dismissed because the Tenant was afforded a fair opportunity to be heard, there was a clear breach of the tenancy agreement due to underpayment of rent, and the Magistrate's procedure and decision were proper and justified.

Court Disposition

Appeal dismissed

Orders

  • Execution of the eviction order stayed for 30 days from the date of judgment
  • No order as to costs