1999/80 - AG v Direct Furniture Supplies,French and Sprent [1999] UR 80 (7 May 1999)

1999/80 - AG v Direct Furniture Supplies,French and Sprent [1999] UR 80 (7 May 1999)

The company and its directors are liable for the breach due to the continued residence of unqualified persons after the qualified person left; the penalty is mitigated by their prior good record but aggravated by the length of the breach.

Citation
[1999] UR 80
Parties
Prosecutor: Attorney General; Defendant: Dorset Holdings Ltd; Defendant: Directors of Dorset Holdings Ltd
Jurisdiction
Jersey
Judgment Date
07 May 1999
Procedural Posture
Criminal / Sentencing
Outcome
conviction and fines imposed
Legal Topics
Eviction, Housing Qualifications, Company Liability, Sentencing
Housing Law Criminal Law Eviction Housing Qualifications Company Liability Sentencing

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Parties

Attorney General

Prosecutor

Dorset Holdings Ltd

Defendant

Directors of Dorset Holdings Ltd

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the company and its directors are liable for permitting unqualified persons to reside in a property after the qualified person left
  2. 2 Appropriate penalty for the breach and its duration

Ratio Decidendi

The company and its directors are liable for the breach due to the continued residence of unqualified persons after the qualified person left; the penalty is mitigated by their prior good record but aggravated by the length of the breach.

Court Disposition

conviction and fines imposed

Orders

  • Fine of £1,000 on the company
  • Fine of £250 on each director or 2 weeks’ imprisonment in default