Residential Tenancies: Consultation: Condition Reports, Standard Tenancy Agreements; Standard Forms of Notice and Obligatory Tenancy Provisions

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A decision made 5 December 2011:

Decision Reference: MD-H-2011-0114

Decision Summary Title :

Consultation on Residential Tenancies:

“Condition Reports, Standard Tenancy Agreements; Standard Forms of Notice and Obligatory Tenancy Provisions.”

Date of Decision Summary:

5th December 2011

Decision Summary Author:

Melanie Cavey, Project Officer, Population Office

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Written Report

Title :

Consultation on Residential Tenancies:

“Condition Reports, Standard Tenancy Agreements; Standard Forms of Notice and Obligatory Tenancy Provisions.”

Date of Written Report:

5th December 2011

Written Report Author:

Melanie Cavey, Project Officer, Population Office

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Consultation on proposals to introduce the use of Condition Reports; Standard Tenancy Agreements and Standard Forms of Notice and further Obligatory Tenancy Provisions in the Residential Tenancy (Jersey) Law 2011 (“RTL”).

Decision(s): The Housing Minister decided to present a report to the States in the form of a consultation paper to seek views on proposals to introduce the use of Condition Reports; Standard Tenancy Agreements and Standard Forms of Notice in connection with the RTL and proposals to add three further obligatory provisions to the RTL.

Reason(s) for Decision: The Housing Minister and the States are granted Order and Regulation making powers under Articles 23 and 24 respectively of the RTL for the purpose of carrying the RTL into effect. The purpose of the RTL is to provide a framework for the development of fair, transparent, well-regulated agreements between landlord and tenant.

The Housing Minister is of a view that the proposals will assist landlords and tenants by helping them to ensure compliance with the requirements of the RTL and by establishing additional standards which will add further clarity and fairness to residential tenancy agreements so making it easier for landlords and tenants to manage their agreements efficiently and effectively.

The States also adopted P130/2009 that a Regulation to establish a Tenancy Deposit Scheme be brought to the States. It is believed that a requirement to use Condition Reports would be a key element of any Tenants Deposit Scheme.

The RTL was sanctioned by the Privy Council on 16th November 2011 and an Amending Law is intended to be lodged shortly for debate in early 2012. The amendments add further clarity to the RTL and will be explained in the Report lodged with the Amending Law. If the Amending Law is approved by the States, and by the Privy Council, Appointed Day Acts will be lodged for both the RTL and the Amending Law as soon as practical. It is hoped that both laws will be implemented by summer 2012.

Whilst this work is in progress the Minister for Housing wishes to complete this consultation so that the appropriate Orders can be prepared in readiness for introduction at the same time as the RTL itself and the Regulation for debate at that time if it is decided to bring the proposals forward.

Resource Implications: There are no manpower or financial implications arising from this Consultation.

Action required:

The Population Office Project Officer

i) to send the consultation paper to the Publications Editor at the States Greffe with a request that it be presented to the States as soon as possible.

Signature:

Position:

Date Signed:

Date of Decision (If different from Date Signed):