A LANDLORD was ordered to pay costs after being described by a judge as a "wholly unsatisfactory" witness in a case that stretches back more than a decade.

Llandudno couple Ergun and Nuray Cetin, who run take-away Bay Grill II in the town, claimed they had agreed to buy two flats based directly above the take-away from their landlord, Stephen John Jones, back in 2008. Mr Jones approached the couple shortly after they moved to the area to offer them the chance to buy the take-away and the flats above.

The couple made payments amounting to several thousand pounds to Mr Jones, which they told the judge were contributions towards the purchase. They also funded a series of essential repair works to make the flats habitable.

But the landlord claimed he considered the payments, which were around £2,000 per month, to be nothing more than contributions towards advanced rental fees, and said no agreement had ever been finalised on selling the properties to the couple.

In her findings, Her Honour Judge Howells found in favour of Mr and Mrs Cetin, saying of Mr Jones: "It is rare, in my judgment, to find a witness to be wholly unsatisfactory and incredible in their account."

The judge also highlighted "the wholly unsatisfactory nature of his evidence" and remarked at "the gross audacity of the defendant" for attempting to change some of his evidence after seeking legal advice.

Mr Jones was also ordered to pay the costs of the case.

A previous conviction of fraud for Mr Jones was also highlighted during the hearing, dating back to 2016 when he was an estate agent. He spent 10 months in jail after pleading guilty to that charge, which centred on him trying to buy a property from an 89-year-old woman in his wife’s name for £10,000 less than he intended to sell it.

Layla Barke-Jones, a Dispute Resolution Partner at Aaron and Partners, acted on behalf of the claimants, Mr and Mrs Cetin, and the barrister on the case was Jac Armstrong of Atlantic Chambers.

Layla said: "On behalf of my clients, we're delighted to have reached a resolution in a case that stretches back more than a decade.

“Mr Jones was found to be thoroughly dishonest by the judge and repeatedly attempted to alter his evidence to try and engineer a better position for himself. I'm very pleased that we were able to produce enough evidence and credible testimony to get the right outcome.

"This long-running saga has had the most damaging effect on my clients lives and I am delighted they have received this outcome and justice has been done after everything they have been through. Often people think that because they only have an oral agreement the law won’t be able to protect them, but this is not the case."

Transfer of ownership for the flat has now been agreed after the case was finalised following a three-day hearing at Wrexham County Court.

The case was won on the balance of evidence and the fact that it was concluded that a 'constructive trust' was in place following the agreement between the parties in relation to one of the flats.

It was decided that the doctrine of proprietary estoppel would apply – this is where one person has acted to their detriment in reliance on a promise made by another about a right they will receive over an asset.