Fermain tenants allowed to remain three more years

The tenants of the Beach Cafe at Fermain in Guernsey have been told they may remain in the property until 2028, after a tender process last year awarded it to another bidder.

In Guernsey's Royal Court, the advocate representing Belmiro de Freitas and Manuela Walter said the couple should not have to leave on 31 October as directed, but should be granted five more years in the property.

In July, it was revealed about £100,000 has been spent by Guernsey States on legal fees during this eviction process, but it was likely costs had now exceeded this figure.

When giving her statement, Ms Walter, who has run the cafe with her partner Bel for 21 years, described the process as "a stab in the heart".

The court heard a 21-year lease was taken up by Mr de Freitas and Ms Walter in November 2003.

In 2010, the current tenants proposed improvements to the property, which the States said were not carried out.

In correspondence between the States and the tenants, it was set out that an extension of the lease to 2038 would only be offered if substantial improvements were made.

Mr de Freitas told the court it was not commercially viable to make the changes the States were requesting and he had invested significantly in the property since 2003.

After informing the couple by letter in April 2023 their tenancy would end in November 2024, the States Property Unit tendered and awarded the beach cafe to Pearl Oyster Ltd, but a lease agreement has not yet been signed.

Director of estates for the States of Guernsey, Mark Ogier, said in court: "Pearl Oyster is a viable operator with a proven track record.

"They are offering to pay a higher rent, offer longer opening hours and plan to open for more months."

The current tenants open from about 1 March until approximately 15 October.

Mr Ogier did not go into detail about plans for the new tenancy and said it was "commercially sensitive" information.

Advocate Jon Barclay, who represented Mr de Freitas and Ms Walter, told the court "everybody in Guernsey knows the property today is lightyears ahead" of where it was when the couple took over.

He said there had "clearly been investment and love and care and diligence" in the property.

Mr Barclay said while the States would lose nothing by allowing the couple to remain for longer, being evicted next month would mean the couple "lose their livelihood and their lives' work."

While advocate James Tee, representing the States, said the 18 months Mr de Freitas and Ms Walter were originally given was "plenty of notice."

Andrea Lewis, who wrote a petition to keep the tenants in place, gave evidence in court.

After the verdict, she said: "I think we're all relieved because [Bel and Manuela] have been under such a terrible strain, but at last common sense prevailed and we think a very fair decision has been reached.

"They can relax now and get back to what they enjoy doing and what they're good at - running that little beach cafe, putting all their effort into it, making a lovely place for us all to meet up and use.

"They didn't get five years as we wanted but they got three and I think they're happy with that."

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