Subject-Matter Index

Assessment of rent. See Rent control—assessment of basic rent

Eviction proceedings

amending eviction order

court has inherent jurisdiction to amend final eviction order by substituting true landlord for party obtaining order—lack of opposition from tenant relevant to court’s exercise of discretion—to take commonsense approach: Oscar Holdings Ltd. v. Sovereign Windows (C.I.) Ltd. (Royal Ct.), 2000–02 GLR N [2]

procedure

common practice to list eviction cases before Bailiff’s Friday Court, but any action in which dispute as to length of stay of eviction order to be re-listed before Jurats—Bailiff sitting alone may make eviction order if parties agree facts, but Friday Court can only dispose of matter itself if defendant fails to appear or if agreement as to length of stay: Storm Residential & Comm. Mgmt. Ltd. v. Sarnia Devs. Ltd. (C.A.), 2009–10 GLR 427

reasons for eviction

purpose of Rent Control (Guernsey) Law 1976, s.14(1) to bar eviction proceedings only in cases in which landlord seeks eviction to deprive tenant of benefit of controlled rent—landlord’s motives relevant as question of fact for Jurats not as question of law for judge alone—purpose of exception created by s.14(2) for “matters wholly independent of operation of Law” to emphasize restriction of s.14(1): Cotterill v. Le Marquand (C.A.), 2009–10 GLR 113

relief from forfeiture

landlord served valid notice on tenant under Leasehold Reform (Miscellaneous Provisions) (Sark) Law 2019, s.1(3) for failure to pay rent and lease properly terminated—Seneschal failed to consider tenant’s application for relief from forfeiture and Royal Court remitted application to Seneschal: Char v. Snelling (Royal Ct.), 2021 GLR 266

relief from forfeiture available in Sark—on application by landlord for eviction order against tenant with lifetime lease at peppercorn rent (for breach of repairing covenant), Seneschal to consider whether to grant relief from forfeiture: Rogers v. Moerman (Royal Ct.), 2017 GLR 327

under Leasehold Reform (Miscellaneous Provisions) (Sark) Law 2019, s.1(3), where tenant breaches covenant of lease, before re-entry or forfeiture, landlord to serve on tenant notice specifying breach, requiring tenant to remedy or make compensation for breach, and specifying reasonable period and conditions for remedy or compensation—notice may be served by email: Char v. Snelling (Royal Ct.), 2021 GLR 266

statutory modification

when Rent Control (Guernsey) Law 1976 to be reviewed by States, s.14(1) requires attention because arbitrary and s.14(2) because obscurely phrased: Cotterill v. Le Marquand (C.A.), 2009–10 GLR 113

stay of execution of eviction order

judge sitting alone has no jurisdiction to stay execution of eviction order or to determine length of stay—since involves exercise of court’s discretion, not merely issue of procedure and to be determined by Jurats: Storm Residential & Comm. Mgmt. Ltd. v. Sarnia Devs. Ltd. (C.A.), 2009–10 GLR 427

Seneschal’s Court has inherent jurisdiction to order stay of execution of eviction order—stay not to be granted without giving parties opportunity to make representations: Rogers v. Moerman (Royal Ct.), 2017 GLR 327

stay of proceedings

court may refuse stay pending arbitration because arbitrator unable to order eviction: Smith v. Atlantique Holdings Ltd. (C.A.), 2013 GLR 279

Rent Control (Guernsey) Law 1976, s.14(1) precludes eviction proceedings within 12 months of rent assessment—not applicable if no rent assessment made—no protection for tenant with pending application for assessment who receives it after eviction proceedings commenced: Cotterill v. Ozanne (C.A.), 2011–12 GLR 1

Rent Control (Guernsey) Law 1976, s.14(1) precludes eviction proceedings within 12 months of rent assessment—not applicable if no rent assessment made and s.14(2), as qualification of s.14(1), then also inapplicable—no protection for tenant with pending application for assessment: Cotterill v. Le Marquand (C.A.), 2009–10 GLR 113

Forfeiture. See Eviction proceedings—relief from forfeiture

Insurance of premises

“insured damage”

“insured damage” occurs at time of actual damage not when landlord accepts payment under policy: Smith v. Atlantique Holdings Ltd. (C.A.), 2013 GLR 279

Interim occupation order. See FAMILY LAW (Financial provision—matrimonial home)

Obligations of tenant. See Repair, fitness and alteration—obligations of tenant

Relief from forfeiture. See Eviction proceedings—relief from forfeiture

Rent

date rent due

presumption that rent due on certain day may be paid at any time on that day from 12.01 a.m. to 11.59 p.m.—not fully due until end of day—presumed that extension of time for payment “after” date due not to include that day: Smith v. Atlantique Holdings Ltd. (C.A.), 2013 GLR 279

obligation to pay rent

obligation not satisfied by mere attempt to pay even if attempt failed due to landlord’s rejection of payment: Smith v. Atlantique Holdings Ltd. (C.A.), 2013 GLR 279

Rent control

assessment of basic rent

by Rent Control (Guernsey) Law 1976, s.3(4), Rent Officer to proceed with assessment “as soon as may be” after receiving application—improper to adopt administrative policy of not proceeding if notice to quit already served and tenant in dispute with Landlord: Cotterill v. Le Marquand (C.A.), 2009–10 GLR 113

Repair, fitness and alteration

obligations of tenant

requirement to keep property in “good and tenantable repair” may require tenant to repair property to higher standard than at commencement of lease unless lease specifically provides that property to be returned in same condition as at commencement: Rogers v. Moerman (Royal Ct.), 2017 GLR 327

Stay of eviction proceedings. See Eviction proceedings—stay of proceedings

Stay of execution of eviction order. See Eviction proceedings—stay of execution of eviction order