AG -v- Meyer and Ors [2007] JRC 216 (16 November 2007)

AG -v- Meyer and Ors [2007] JRC 216 (16 November 2007)

The defendants breached housing consent by permitting and engaging in unlawful occupation beyond the permitted period, with Mr Meyer occupying the property after his employment ended and Mrs Hall and Mrs Duffy failing to ensure compliance; fines imposed reflect culpability, period of unlawful occupation, and mitigation.

Citation
[2007] JRC 216
Parties
Landlady: Mrs Hall; Tenant: Mr John Edward Meyer; Company Administrator: Mrs Duffy; Company: Salty Dog Bar and Bistro
Jurisdiction
Jersey
Judgment Date
16 November 2007
Procedural Posture
Criminal Prosecution for Breach of Housing Consent / Judgment
Outcome
Defendants found guilty of breach of housing consent; fines imposed.
Legal Topics
Unlawful Occupation, Housing Consent, Illicit Profit, Mitigation
Housing Law Criminal Law Unlawful Occupation Housing Consent Illicit Profit Mitigation

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Parties

Mrs Hall

Landlady

Mr John Edward Meyer

Tenant

Mrs Duffy

Company Administrator

Salty Dog Bar and Bistro

Company

Procedural Posture

Criminal Prosecution for Breach of Housing Consent / Judgment

Legal Issues

  1. 1 Whether the defendants unlawfully occupied or permitted occupation of the property contrary to housing consent
  2. 2 Whether illicit profit was made from unlawful occupation
  3. 3 Appropriate penalties for breach of housing law

Ratio Decidendi

The defendants breached housing consent by permitting and engaging in unlawful occupation beyond the permitted period, with Mr Meyer occupying the property after his employment ended and Mrs Hall and Mrs Duffy failing to ensure compliance; fines imposed reflect culpability, period of unlawful occupation, and mitigation.

Court Disposition

Defendants found guilty of breach of housing consent; fines imposed.

Orders

  • Mr Meyer fined £1,000 or 2 weeks' imprisonment
  • Mrs Hall fined £4,000 or 2 months' imprisonment