Fermain cafe tenants of more than 20 years fighting eviction
THE battle for the Fermain Beach Cafe may not be over.
The cafe’s last leaseholder has revealed that he is fighting his eviction notice from the States, while Deputy Mark Helyar has submitted a barrage of formal written questions regarding the lease tender process and the cost of the legal dispute.
Belmiro and Manuela de Freitas had run the cafe for more than 20 years, when States Property Services announced in April last year that it was putting the lease out to tender.
A petition was signed by nearly 3,000 people in support of the couple remaining at the cafe but the tender was finally awarded to Pearl Oyster Ltd, the owners of Coco’s on South Esplanade, in September.
Mr de Freitas confirmed that he was currently in a legal dispute with States Property Services regarding the eviction process and the way the tender had been handled.
‘I don’t want to say too much at this stage as we are in a legal process,’ he said. ‘However, we are very appreciative of the support that Deputy Helyar and the people of Guernsey have given us.’
Deputy Helyar has submitted 17 questions to the Policy & Resources Committee, including asking why it used third-party lawyers from Collas Crill rather than the States legal team to represent them during court proceedings, and at what cost.
The questions suggest that the de Freitases have continued to pay rent on the property, which may invalidate any eviction process.
Deputy Helyar has asked if Property Services was aware that accepting rent for the first quarter of 2025 had created a new ‘voluntary tenancy’ which would also require a new notice to quit.
He has also asked if the new leaseholders have signed their agreement, and if this includes upkeep of the public toilets and gardens which the de Freitases had maintained for free.
He has also asked if P&R would consider instructing the States Property Unit to withdraw legal proceedings and grant a quarterly tenancy in advance to the former tenant until the end of the summer season 2025 and reconsider its position in relation to the longer-term tenancy of the site.
The Guernsey Press submitted questions to the States regarding the eviction of Belmiro and Manuela de Freitas and the tender process on Wednesday, but had not had received a response by the time the paper went to print.
