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Guidance Relating to Rent and Other Payments for Landlords and Tenants of Jersey Residential Property during the Covid-19 crisis

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 21 April 2020

Ministerial decision reference: MD-H-2020-0007

 

Decision Summary Title:

Guidance Relating to Rent and Other Payments for Landlords and Tenants of Jersey Residential Property During the COVID-19 Crisis

Decision summary author

 

Senior Policy Officer,

Strategic Policy, Planning and Performance

Is the decision summary public or exempt? 

Public

Report title:

Guidance Relating to Rent and Other Payments for Landlords and Tenants of Jersey Residential Property During the COVID-19 Crisis

Report author or name of person giving report

 

Senior Policy Officer,

Strategic Policy, Planning and Performance

Is the report public or exempt?

Public

Decision and reason for the decision

The Minister for Children and Housing decided to present to the States Assembly as a Report the ‘Guidance Relating to Rent and Other Payments for Landlords and Tenants of Jersey Residential Property During the COVID-19 Crisis.

 

This Guidance sets out how landlords and tenants should manage residential tenancy issues during the Covid-19 coronavirus period. They provide guidelines in respect of how matters such as the payment of rent arrears and other sums paid by a tenant directly to a landlord (such as utilities and service charges) should be managed between the parties.

 

The Guidance will be adopted by the Courts by way of a Practice Direction so that if, once the Covid-19 period is over, any tenancy disputes are brought to litigation, the Court will be able to determine whether the parties behaved reasonably.

 

Resource implications: There are no resource implications arising directly from this Ministerial Decision. The Guidance is intended to lessen the financial hardship placed on households who rent during the Covid-19 coronavirus outbreak and enable landlords and tenants to manage matters such as rent arrears and the non-payment of sums due to the landlord.

 

Action required:

The Senior Policy Officer is asked to request the Greffier of the States to arrange for the response to be presented to the States Assembly as a report in the ‘R’ series.

 

Signature

C:\Users\hanniganm\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\BHD6OGDC\Sam Mezec Signature (002).JPG

 

Position

Senator Sam Mézec

Minister for Children and Housing

Date signed

 

21/04/2020

Effective date of the decision

 

 

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