AG -v- Chapman [2008] JRC 037 (07 March 2008)

JUDGMENT THE DEPUTY BAILIFF: 1. This was a knowing and deliberate breach of the Housing (Jersey) Law 1949 . You were told in 2004 that the property had to be left as a whole to a residentially qualified tenant who could in turn take in and collect the income from up to 5 lodgers. Despite this you knowingly let the ground floor only to Miss Noel, you put in a misleading housing form and, very importantly, you tried to persuade her to lie to the housing department when they started to investigate. When Miss Noel had to go because she was not willing to collect the entire income, after a short period when your husband was there, you repeated your conduct.

2. We accept what Advocate Benest says on your behalf, namely that that may not have been your intention when your grandson first went in there, but the fact remains that almost immediately you reverted to conduct which you knew then, from at least 2 previous occasions, was illegal. Furthermore, when the housing department started to investigate, you were uncooperative, even going to the extent of preventing your grandson from going to talk to them. The gravemen of this offence is that is was a deliberate breach of the law.

3. We take into account your guilty plea and we also take note of the delay and the other matters which Advocate Benest has put forward. The gravemen of this offence was that it was a deliberate breach of the law and also your attitude towards the department shows a lamentable lack of honesty and a desire to help them.

4. We think the fines are entirely justified, so we are going to impose fines of £4000 on each count and £1500 costs and 2 months' in default in relation to each count. You will have 3 months in which to pay the fines. Authorities Housing (Jersey) Law 1949. Page Last Updated: 06 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII