Royal Court dismisses owners’ attempt to evict tearoom tenant

‘The support and love has been really remarkable,’ she said.

‘I really appreciate the community reaching out to me.’

Mrs Silvester, under the name of trading company CB Catering, was taken to court in June by the owners of the building at Moulin Huet, George and Maisie Le Page, who sought an eviction order.

The court had heard references to various issues between the parties, including the owners objecting to Mrs Silvester applying for a liquor licence and a dispute over the sewage system serving the premises.

It was told that the rent should have been paid one month in advance on the first of each month and that it had never been paid on time.

The eviction case focused on a single instance of late payment in February this year.

When the rent was several days late, an email was sent on 9 February informing Mrs Silvester that she would be evicted.

This followed an earlier message stating that eviction proceedings would not go ahead if the rent was paid before the eviction notice was received.

However, the rent was paid electronically within a couple of minutes of the eviction notice being received by Advocate Robert Breckon, who passed it on to Mrs Silvester about half an hour later.

In its judgment the court said it found that the rent had been paid before Mrs Silvester received the eviction email, so the Le Pages were not entitled to an eviction order.

With the Le Pages and their advocate, Robin Cowling, believing the eviction to be progressing, the February rent was refunded. But this was not until nearly a month later.

This delay was seen as being unreasonable by the jurats, who found that payment had been accepted.

Even if the court had not already found that the Le Pages were not entitled to an eviction order, the acceptance of this payment would have also led to the same conclusion.

At the time of the hearing, although rent had been paid late, it was up to date.

The court noted that the rent had been paid on time since the June hearing and a monthly standing order had been set up.

The application to evict was therefore dismissed.

In his judgment, Lt-Bailiff Simon Howitt said he was minded to award costs to the defendant on a recoverable basis, but said that either party could contest that ruling.

The Le Pages thanked people for their support, ‘especially those with the full facts of this case’.

‘We chose not to respond to the previous article due to ongoing court proceedings, because we believe in allowing the legal process to take its course without interference,’ they said.

‘However, the full truth will be revealed in due course, and we have evidence to back up the facts if needed.

‘Your continued support and trust mean everything to us.’