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What is a lodging house?

Lodging houses are privately owned properties offering accommodation for occupation by persons who do not possess residential qualifications. They occupy the accommodation as lodgers and not as tenants. Lodgers do not have the same legal status as tenants in a number of respects, particularly in relation to security of tenure.

Lodging houses registration law

The Minister’s authority to require lodging houses to register derives from the Lodging Houses (Registration) (Jersey) Law, 1962, as amended.

The key duties of the Minister under the legislation are as follows:

• specify the maximum number of lodgers a property may take without being required to register 
• require lodging houses offering accommodation for more than the specified number to register with the Minister, and re-register annually
• specify minimum standards to be met in order to qualify for registration or re-registration
• approve persons appointed as lodging house keepers in order to ensure that lodging houses are managed satisfactorily.

Requirements and standards

Space 

In relation to determining the possible level of occupation of the unit registered under the lodging houses law. Actual space standards will be determined by the Planning Department in line with published policies. The following minimum criteria will apply:

• bed-sitting rooms measuring in excess of 200 sq. ft. will be registered for occupation by 2 adults and 1 child under the age of 5 years
• 1 bedroom flats measuring in excess of 250 sq. ft, including a separate bedroom, will be registered for occupation by 2 adults and 1 child under the age of 18 years
• 2 bedroom flats measuring in excess of 350 sq. ft., including 2separate bedrooms, will be registered for occupation by 2 adults and 2 children under the age of 18 years

Please note: the maximum number of persons permitted to occupy a flat under the terms of the Registration Certificate must be clearly displayed in each individual flat.

The Minister has discretion to allow standards which do not meet those stipulated above where staff accommodation linked to tourist accommodation is involved. 

Toilet and washing facilities

1 separate bath or shower for every 5 registered persons; 1 separate toilet for every 5 registered persons.

Cooking facilities

Lodgers must be provided with adequate cooking facilities for their personal use, a cooker and / or microwave oven, 2 ring hob, refrigerator, and an adequate area for food preparation and a proper food store of adequate size.
Please note: the space in a sink unit below the sink is not considered acceptable for food storage, ventilated or otherwise. There must also be a sink with both hot and cold water supplied.

In addition, the Minister insists on a good standard of decor, both internally and externally, and furnishings, before registering or re-registering accommodation.

Lodging house charges

Owners are permitted to set their accommodation prices as they deem suitable. However, the maximum lodging fee for a flat must be displayed in a prominent place in each registered unit of accommodation at the property and, following registration or re-registration, cannot be increased until the next registration period. There is not, however, anything to prevent the owner from reducing the lodging fee for the period in question.

Lodging house registers

House keepers are required to maintain a register of all lodgers residing in the property at any one time. 

Details to be recorded must be entered on the day of entry and departure and include the following: 

• full names
• flat number occupied
• date and place of birth
• nationality
• date of arrival
• last previous address
• date of departure and intended destination.

Legal offences

The law specifies a number of offences which can result in prosecution in the courts and fines.

Offences stipulated under the law include the following: 

• running a lodging house for more than the stipulated number without being registered with the Minister. (maximum penalty for this offence is an unlimited fine)
• appointing a keeper who has not been approved by the Minister; (maximum fine of £1,000)
• having more lodgers in a flat than the number specified under the Registration Certificate; (maximum fine of £1,000 plus £100 per day for a continuing offence)*
• failing to keep a register as required; (Maximum fine of £1,000)

*Where the offence committed is that a flat is occupied by a number of persons in excess of that for which it is registered, it is not only the owner who is liable to prosecution. The lodger(s) of the flat in question, and those not listed in the register but found occupying the flat are also liable to prosecution and a maximum fine of £1,000.

Code of practice

Although the status of lodgers is strictly prescribed in law, the Housing Minister and the Lodging House Association have produced an agreement and code of practice for landlords and lodgers. Under article 6 of the Lodging Houses (Registration) (Jersey) Law, 1962, as amended, this agreement and code of practice has become a condition of registration, and all lodgers are expected to sign one.

Copies of the Lodging Houses (Registration) (Jersey) Law, 1962, as amended, are available from the States Greffe Bookshop.

Anybody wishing to receive more detailed advice on any issue arising from this Law, is invited to contact the Population Office.