Channel Islands Property Newsletter

In order to ‘police’ this increase, every residential purchase must now include a statement in prescribed terms from the buyer as to whether the property is a dwelling acquired for use as their main residence.

Read our full summary of the stamp duty changes in Jersey.

Supreme Court backs ‘pay now, argue later’ regime in property service charge dispute

January 2023 saw the Supreme Court handing down judgment in Sara & Hossein Asset Holdings Limited v Blacks Limited, a service charge dispute which had been going through the courts for over three years.

Blacks rented commercial retail premises from Sara & Hossein Asset Holdings Ltd under successive leases. They argued that the service charge rise was excessive and refused to make any payment until the issue had been resolved. As a result S&H sued Blacks for the outstanding service charge.

Read our full summary of the judgement.

Decisions of the Royal Court in relation to renunciation of a will of immovable property where the devisee does not wish to accept the will devise

January 2023 saw the third in a recent series of decisions upon the renunciation of a devise of Jersey property under a will of Jersey immovable estate.

There are many reasons why a person might wish to renounce their interest in a property – they may not want the burden of property ownership, feel that another party should benefit in their place, or tax or stamp duty considerations might apply.

Read our summary of the decisions by the Royal Court on this issue.

Royal Court judgement on rent and service charge accrued during Covid closure

In Waterfront (LC) Limited v Cine UK Limited 11-Oct-2022 the owner of the Cineworld premises applied for summary judgment against its tenant Cine-UK Limited (represented by Adv. Mathew Cook – Mourant) for unpaid rent and service charge.

Read our full summary of the judgement.

If you want to know more about the issues covered in this newsletter, please get in touch: