Just one minute after the email was sent, which was only forwarded to a director of CB Catering 25 minutes later by the Advocate, the overdue February rent was paid by bank transfer. 

Advocate Robin Cowling, representing the Le Pages, made the case that the tenant had been notified of the eviction before the payment had been made and appealed to the court for the application to be granted.  

But Jurats found that the company couldn't have received notice of the eviction any earlier than 15:23 on 9 February, at which point the rent had already been paid some 20 minutes before.

It was accepted that Advocate Robert Breckon, who received the eviction notice just before the rent was paid, couldn’t be considered the tenant. “He was just a messenger,” Lieutenant Bailiff Simon Howitt said, labelling the case “unusual”.

It was only after Advocate Breckon forwarded the email onto CB Catering that he was instructed by the company to represent them in the case. 

Peter and Natalia Silvester, directors of CB Catering, said: “This is only the tip of the iceberg on the way we have been treated by landlords.

“We do wish them all the best but will not allow anyone to mistreat us. It’s simply unacceptable. We have fixed what’s been broken. We believe this should be appreciated as the benefit of our work will remain in the future."

Pictured: The site has connections to Pierre-Auguste Renoir. 

It was noted that the relationship between the owners and CB Catering had been “fraught” since the three-year lease was signed in July 2023. 

“In particular, the Defendant sought, and was granted, a liquor licence for the premises, to which the Plaintiffs objected, and there has been an ongoing dispute as to the sewage system serving the premises.”  

It was also noted that rent had been paid late every month since the lease was signed, but payments from February onwards had been made on time. The Le Pages later attempted to reject some of these on the basis the lease had already been terminated. 

However, Jurats disagreed, finding that attempting to return the payment nearly a month after it was received couldn’t be considered within a reasonable period. 

“The Plaintiffs received the February payment electronically. There was nothing they could do to prevent the payment, so the fact that they received it does not mean that they should be treated as having accepted it. However, it did impose on them an obligation to return the money within a reasonable period, in default of which they would be treated as having accepted the payment.” 

There was also no clause in the lease “entitling either of the parties to terminate it in the event of breach by the other party and no provision as to the giving of notice by one party to the other, both of which one would expect to find in a fuller form of commercial lease”. 

There was little detail in Guernsey law relating to the matter bar an 1826 text which states that a tenant can be evicted after a singular late paymentwithout notice.  

“It is clear, however, that non-payment of rent does not automatically terminate a lease which lacks any express provision as to termination, as in this case,” Lieutenant Bailiff Howitt said.

He said he was “minded to award costs in this matter to the Defendant on a recoverable basis, but if either party wishes to request a different order they should apply to HM Greffier within seven days of the date of delivery of this judgment”. 

The Silvesters thanked the community for supporting them throughout the case.

“The community has really showed up for us and it is appreciated from the bottom our hearts. This has made us realise our work is has not gone unseen and we will continue to do what we do best.

“We made a decision early on that the way we have been treated by the landlord and family will not affect the amount of hard work and commitment we put into Renoir Tea Garden. It made us more determined to continue and make sure the visitors and local community has the right of access to this stunning destination.”