Jersey Judgment

In re Archdale (Robert) Ltd. v [1976] JJ 355 (30 March 1976)

Housing Law Rent Control Structural Alteration Change of Premises Identity

Citation: [1976] JJ 355
Status: Judgment
Jurisdiction: Jersey
Posture: Housing Rent Control / Judgment

More details

Posture: Housing Rent Control / Judgment

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Professional case brief

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Source document

Holding and result

Rent control ceases to apply if the identity of the premises is fundamentally changed through structural alteration, resulting in a new house.

Court disposition

application granted

Orders

Rent control no longer applies to the altered premises

Material facts

Parties

Archdale (Robert) Ltd.

Applicant

Procedural history

Posture

Housing Rent Control / Judgment

Questions and positions

Legal issues

Whether rent control continues to apply after structural alterations effectively create a new house

Party arguments

Applicant: The applicant argued that the structural alterations were so substantial that the premises had become a new house, and therefore rent control should no longer apply.
Respondent: The respondent likely argued that despite the alterations, the premises remained the same for the purposes of rent control.

Court’s reasoning

Legal principles

01
[1976] JJ 355

If a rent-controlled house is subject to such structural alteration that it effectively becomes a new house, rent control ceases to apply.

Ratio, limits and disposition

Ratio decidendi

Rent control ceases to apply if the identity of the premises is fundamentally changed through structural alteration, resulting in a new house.

Court disposition

application granted

Rent control no longer applies to the altered premises

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1976] JJ 355

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