Population Office te Paper
White Paper
Residential Tenancy (Jersey) Law 200-
24 April 2008
PURPOSE OF CONSULTATION
To inform the public about the proposed Residential Tenancy (Jersey) Law 200- and to gauge public opinion on new provisions to formalise the obligations between landlord and tenant.
DEADLINE FOR RESPONSES 24th June 2008
SUMMARY / QUESTIONS TO CONSIDER
The Housing Minister is proposing the introduction of this new law which will modernise current legislation in this area and create a regulatory framework which will offer security of tenure and clarity to the rôles and responsibilities of those entering into the relationship of landlord and tenant.
The key proposals are to introduce:
i) a law applicable to all residential tenancies of 9 years or less;
ii) clarity of obligations between landlord and tenant including:
- new fixed notice periods for both landlord and tenant;
- a requirement for all tenants to be given a written copy of their
tenancy agreement;
iii) revised legal procedures for evictions;
iv) the potential for Regulations to be made around a variety of issues to
further clarify the tenant / landlord relationship;
v) recommendations to deal with the issue of the return of tenants’ deposits.
The Housing Minister would appreciate your views on the provisions of the proposed law and questions are included on the following specific areas:
1. Are there any issues arising in landlord / tenant relationships that are not
specifically mentioned in the draft law that you feel should be regulated?
2. Do you agree with the proposals for fixed periods of notice to be given by both
landlord and tenant?
3. Do you agree with the proposed periods of one month from tenant to landlord
and three months from landlord to tenant?
4. If not, you are asked what periods of notice you think would be acceptable.
5. Do you agree with the recommendation that the mediation process offered
in the Petty Debts Court provides an appropriate forum for resolving issues
concerning the return of deposits? Or, do you believe there is a need to establish …. a formal Deposit Scheme?
6/8. There are also some additional questions raised in connection with rental
deposits.
FURTHER INFORMATION
The background to the draft law and further information about it are provided in the attached paper.
CONFIDENTIALITY
Please note that responses submitted to this public consultation may be made public to demonstrate views that have been expressed during the consultation (i.e. sent to the Scrutiny office, quoted in a final published report, quoted in the media and published on a States of Jersey website). If a respondent has a particular wish for confidentiality please indicate this clearly when submitting the response.
SEND COMMENTS TO:
Residential Tenancy Consultation Population Office 3rd floor, Jubilee Wharf 24 Esplanade St Helier Jersey JE4 0UT | Tel.01534 -448931 Email rtl@gov.je Fax 01534-448988 |
The questions are repeated in Appendix 3 at the back of the paper. These pages can be removed once the questions have been completed and returned to the address above. The questionnaire has also been placed on the gov.je website (Chief Minister’s Department/ Public Consultation) as a separate document for downloading, completion and return as an e-mail attachment to rtl@gov.je if preferred.
This consultation paper has been sent to the following individuals / organisations:
The Public Consultation Register Age Concern
The Housing Department, States of Jersey The Law Society
The Magistrate, Petty Debts Court Citizens Advice Bureau
Lodging House Association The Housing Trusts
Jersey Estate Agents Association Consumer Council
SUPPORTING DOCUMENTS
P257 / 1998 Security of Tenure – Report of the Working Party
Draft Residential Tenancy (Jersey) Law 200-
Dwelling-Houses (Rent Control) (Standard Tenancy Agreement) (Jersey) Regulations 1993
Consultation Paper
RESIDENTIAL TENANCY (JERSEY) LAW 200-
Executive Summary
The Housing Minister is proposing the introduction of this new law which will modernise current legislation in this area and create a regulatory framework which will offer security of tenure and clarity as to the rôles and responsibilities of those entering into the relationship of landlord and tenant.
The former Housing Committee appointed a Working Party under the Chairmanship of Senator Corrie Stein in December 1996 which considered eviction procedures and security of tenure for tenants. P257 / 1998 Security of Tenure – Report of the Working Party was presented to the States in 1998 and the current draft law is based on the proposals in P257 as adopted by the States.
The Council of Ministers and the States have committed to achieving the vision for Jersey offered in the States Strategic Plan 2006 -2011. Commitment Three1 focuses on policies to deal with social inequity and refers to the aim to provide a good standard of accommodation for all and the need to introduce security of tenure legislation2.
In view of the length of time that has passed since the Working Party produced its Report the Housing Minister feels it appropriate to publish the draft law that has been prepared along with this explanatory paper. Comments will be welcome from anyone who wishes to respond to the questions raised.
The following report
- explains the development of the Residential Tenancy (Jersey) Law 200-
- explains who will and will not be covered by the proposed law
- highlights new obligations and procedures to be introduced by the proposed law
- describes the approach that has been adopted towards resolving issues arising over recovery of tenants’ deposits
The key proposals are to introduce:
- a law applicable to all residential tenancies of 9 years or less;
- clarity of obligations between landlord and tenant including:
- new fixed notice periods for both landlord and tenant;
- a requirement for all tenants to be given a written copy of their
tenancy agreement;
- revised legal procedures for evictions;
- the potential for Regulations to be made around a variety of issues to further clarify the landlord / tenant relationship;
v) recommendations to deal with the issue of the return of tenants’ deposits.
1] INTRODUCTION:
In the mid 1990’s concern was raised about the lack of legal protection tenants had in law. Two Working Parties were established. The first dealt with Landlord and Tenant obligations and in 1993 the Dwelling Houses (Rent Control)(Standard Tenancy Agreement) (Jersey) Regulations 1993 was introduced which set out a standard form of agreement, which if used, exempts landlords from rent control3.
The second Working Party, set up by the former Housing Committee looked at issues surrounding eviction procedures and security of tenure for tenants4. The Working Party considered the Loi (1919) sur la location des bien-fonds”5 as amended and the “Loi (1946) concernant l’expulsion des locataires réfractaires” as amended6. Both laws are written in French and are still applicable although since they came into force both Jersey society and the Jersey housing market have changed considerably.
Under the Chairmanship of Senator Corrie Stein the Working Party put forward a number of recommendations in P257 / 1998 Security of Tenure – Report of the Working Party7 to resolve the issues. These are listed in Appendix 1.
Subsequently, in 2002, Senator Stein brought an amendment to the States seeking the setting up of a Tenants’ Deposit Scheme to assist tenants in getting back deposit monies paid to landlords at the commencement of tenancy agreements8.
The majority of the Working Party’s proposals have been adopted in the provisions of the draft Residential Tenancy Law (“RTL”). Some of the proposals in the RTL go wider and introduce the possibility a standard form of tenancy agreement9 to be issued under the RTL and also procedures for a tenants’ deposit scheme.
The attached draft Residential Tenancy (Jersey) Law 200- (“RTL”) is designed to provide a framework which will provide a legal basis for the development of fair, transparent, well-regulated agreements between landlord and tenant.
This report gives an overview of key provisions in the RTL and its application:
i) Who the Residential Tenancy (Jersey) Law 200- applies to
ii) Standard tenancy agreements
iii) Regulatory powers for the future
iv) New notice periods for landlord and tenant
v) New eviction procedures
vi) Recovery of tenants’ deposits
The Housing Minister is seeking the opinion of the public on a number of questions relating to the proposals. These questions are included in the relevant sections of this paper. They are also repeated in Appendix 3 at the end10.
Note: Explanation other related pieces of legislation:
Four other pieces of legislation which deal with landlord and tenant issues are currently in force. They are:
i) Dwelling Houses (Rent Control) (Jersey) Law 1946 which established the Rent Control Tribunal;
ii) Dwelling Houses (Rent Control) (Standard Tenancy Agreement) (Jersey) Regulations 1993 which provides for a standard tenancy agreement which, if used by landlords and tenants, exempts the parties from rent control ;
iii) the Loi (1919) sur la location des bien-fonds” which deals with notice periods;
iv) the “Loi (1946) concernant l’expulsion des locataires réfractaires” which deals with eviction procedures.
These laws will remain in force so far as they are applicable once the new draft Residential Tenancy (Jersey) Law 200- comes into force.
However, it is suggested that a review of these Laws be undertaken, with the objective of producing a unified piece of legislation based on the new Residential Tenancy (Jersey) Law 200- .
2] OVERVIEW:
- Who the Residential Tenancy (Jersey) Law 200- (“RTL”) applies to:
The RTL will apply to all residential tenancy agreements11 for exclusive occupation of a residential unit for value (i.e. consideration or payment ) for a period of 9 years or less.
A residential unit is classified as one offering exclusive use to the inhabitants of a shower or bath; a washbasin; a kitchen; a sleeping space and a lavatory12. Current legislation dealing with landlord and tenant issues will continue in force and apply, where applicable, to agreements that fall outside of these definitions.
The RTL will apply to all who enter into residential tenancy agreements as defined by the RTL including the States; Housing Trusts and companies who let residential property. Exceptions are limited and are included at Article 3(4).
Because the RTL will apply to all residential tenancy agreements that fall within its terms it will also apply to residential tenancy agreements drawn up under Article 2(d) of the Dwelling Houses (Rent Control) (Jersey) Law 1946 and the Dwelling Houses (Rent Control) (Standard Tenancy Agreement) (Jersey) Regulations 1993. The relationship between these laws and the RTL is discussed on p.8 below. The standard States tenancy agreement is also referred to on p.9.
However, the RTL will only apply to those qualified under the Housing Law. It will not apply to those classified as lodgers under current housing legislation.
This is because if lodgers were given security of tenure, they would no longer be lodgers by legal definition, and on becoming tenants, could no longer occupy the property by virtue of being ‘unqualified’ under the Housing Law. This cannot readily be remedied by amendment of the Housing Law, as the entire foundation of the Housing Law is the exclusion of unqualified persons from leasing and purchasing arrangements.
The provision of some security of tenure for unqualified persons is a clear
objective of the new Migration Law, should that be at all possible.
It is intended that the Housing Law will be replaced as part of the policy development to support the introduction of the forthcoming Migration Law. Consultation on Part 2 of the new Migration Law, which will deal with housing issues, is planned in the summer of 2008.
As such, it is possible that in future those currently classified as “unqualified” and who wish to enter into leasing arrangements will be able to do so without being in breach of housing controls. Such individuals would then be eligible for protection under the RTL, if the leasing arrangement were to be one that fell within the RTL’s terms.
A final policy decision will be made once consultation on the issues closes. The Migration Law is expected to come into force at the end of 2009.
Article 3(1) applies the RTL to all future residential tenancy agreements made after implementation of the RTL and those residential tenancy agreements which, though made before implementation, are varied or renewed after the RTL’s implementation.
This means that although the RTL is not retrospective the provisions of Article 4 and Schedules 1 and 2 and also all the remedies in the RTL available to both parties will apply to any residential tenancy agreements created before the RTL came into force, and falling within the definitions of the RTL, if the agreement is varied or renewed after the RTL comes into force.
Article 21 makes it an offence for anyone to try to enter into an agreement to avoid the provisions of the RTL.
In 2004 the Petty Debts Court established its Tenancy Division which deals with housing issues and it is intended that all legal matters requiring referral to the Court under the RTL will commence in the Tenancy Division.
ii) Standard tenancy agreements:
Article 4 of the RTL introduces a requirement for all residential tenancy agreements to be in writing and to set out the details listed in Schedule I and set out provisions to the effect of those specified in Schedule 2 to the law.
Article 19 also includes a number of provisions regarding requirements for landlords to provide tenants with copies of residential tenancy agreements and any varied agreements; receipts for deposits and a statement at least once every six months during the residential tenancy showing the amounts and dates of payment of any monies paid to the credit of the landlord.
Schedule 1 deals with essential issues to ensure clarity including what the residential unit comprises; date of commencement of the tenancy agreement and length of term; who the landlord is and his/her address and arrangements concerning the rent due.
Schedule 2 sets out a minimal list of other obligations placed upon the parties to a residential tenancy agreement including provisions relating to the payment of rates and arrangements relating to fixtures and fittings. The Schedule also makes it clear that key money and premiums are not to be paid in respect of residential tenancy units.
The provisions of Schedules 1 and 2 effectively lay out the minimal terms that should be addressed in a standard residential tenancy agreement. The parties are able to add further terms so long as they do not contravene the provisions of the RTL.
It is believed that many landlords currently use the “Standard Form of Written Contract for Exemption from Rent Control” document issued under the provisions of the Dwelling Houses (Rent Control) (Standard Tenancy Agreement) (Jersey) Regulations 1993.
This document is already essentially compliant with the terms of the RTL and a copy is attached in Appendix 2 to this paper for information. Once the RTL is implemented parties wishing to be exempt from rent control will need to continue to use the 1993 standard tenancy agreement in accordance with the provisions of the Dwelling Houses (Rent Control)(Jersey) Law 1946. However, some revisions will be necessary, in particular in relation to the notice period provisions, in order for the standard agreement to be compliant with the RTL when it comes into force. Therefore it is proposed to present a Regulation to the States, which would come into force at the same time as the RTL, to revise those terms of the standard tenancy agreement that need revision to ensure compliance with the RTL.
Any of these standard tenancy agreements in force prior to the implementation of the RTL will continue as before. However, as with any other residential tenancy agreement for 9 years or less, any variation or renewal of such a standard tenancy agreement agreed after the RTL comes into force will result in the agreement being subject to the terms of the RTL13. This will result, for example, in the RTL’s notice periods applying to the agreement.
The tenancy agreement currently used by the Housing Department with States tenants occupying States rental accommodation managed by the Department is already essentially compliant with the terms of the RTL. However, the Department is already in the process of developing a new Tenancy Agreement and this will incorporate the provisions of the new RTL in respect of notice periods14.
iii) Regulatory Powers for the Future:
Schedule 2 allows for the States to make Regulations to deal with other provisions that it may in time be deemed appropriate to formalise into the RTL.
Article 23 includes a list of such issues that could be brought forward in Regulations including documentation; charges and deposits; fixtures and fittings and tenants’ moveable property and the terms of a standard tenancy agreement. The list is not definitive.
Opinion is sought on the need to formalise any further requirements in law. However, if it is shown that there is a need to formalise any of the issues listed in Article 23, or any other matters raised in consultation, at this stage the Housing Minister will consider bringing forward Regulations to the States to do so.
Note: Article 23(2) k-n deals with issues surrounding tenants’ deposits. These are discussed further at para. v) below.
Consultation Question 1
1. Are there issues arising in landlord / tenant residential tenancy agreements that are not specifically mentioned in the draft RTL [Article 4 and Schedules 1 and 2 of the RTL] that you feel should be regulated? If “Yes” please go to 1A below -
| Yes | * |
<><><><> -
No | * |
1A Please provide a list of the issues you would like to see regulated:
NB: It would be helpful if respondents could specifically refer to any of the matters listed at 23(2) a – r of the RTL that they feel should be formalised in Regulations at the time the RTL is brought into force. |
Note: Any comments on the standard tenancy agreement currently in use under the Dwelling Houses (Rent Control) (Standard Tenancy Agreement) (Jersey) Regulations 1993 will be taken into consideration but, as mentioned at p.6 above, a separate review of the 1993 Regulations is proposed.
iv) New notice periods for landlord and tenant:
The notice period provisions of the RTL will not apply to fixed term tenancies to which the RTL applies.
There will be no requirement for notice to be given by either party to a residential tenancy agreement for a period of fixed duration. A “fixed term tenancy” is one entered into by both parties with no expectation of it lasting any longer than the initial agreed period. For example, if the landlord and tenant have agreed that the tenancy agreement will last for three years then, on the expiry of three years, the landlord can expect the tenant to vacate. Before that time the tenant can expect the tenancy agreement to continue. There is currently no need to give notice in the case of “fixed term tenancies”.
Although the notice provisions of the RTL will not apply to fixed term residential tenancy agreements falling under the law, all other provisions of the RTL will be applicable to such agreements.
New notice periods of three months from landlord to tenant and one month from tenant to landlord are proposed for all periodic tenancies to which the RTL applies.
A “periodic tenancy” is one which is for an indefinite period but which can be terminated by a period of notice. The word “periodic” refers to the recurrent interval on the basis of which the tenancy runs e.g. a “weekly tenancy” is one where rent is payable weekly; a “monthly tenancy” where rent is payable monthly and so on. Both parties expect such periodic tenancies to continue “rolling over” until notice is given so a periodic tenancy can last for years.
It should be noted that any fixed term residential tenancy agreement to which the RTL applies that continues after the due date of its expiry will become a periodic tenancy based on the recurrent interval period i.e. weekly, monthly etc and the notice provisions of the RTL would start to apply15.
The RTL will apply to periodic residential tenancy agreements that have lasted longer than nine years so long as the agreement is for not longer than nine years. i.e. if someone has entered into a periodic tenancy with agreement to pay the rent monthly and that agreement has gone on for ten years the RTL will still apply because the agreement is for a tenancy based on a monthly period .
The Report of the Working Party contained proposals that landlords be required to give a new fixed period of notice of six months to all tenants who had been in their accommodation for a minimum of three months and that tenants be required to give their landlords a period of notice based on the length of their tenancy but with a maximum requirement for three month’s notice. Details of the Working Party’s proposals are contained in the Appendix 1: P257 paragraphs 2.1 (h-i).
However, the disparity between the minimum notice periods required of landlords and tenants originally proposed by the Working Party was felt to be onerous on landlords, and unnecessarily complicated for tenants. The Working Party reviewed United Kingdom legislation as part of their research and decided it was unnecessarily complex. Additional research was carried out in preparation for the RTL and current legislation in Australia, Canada and New Zealand was considered. These revised proposals have arisen as a result of that research.
In order to give clarity and certainty to both landlords and tenants when entering into periodic residential tenancy agreements it is proposed to adopt a “flat” policy towards notice periods in the RTL i.e. notice periods that are fixed without regard to the length of the tenancy.
It is felt that the periods proposed are fair to both landlord and tenant: both need to be allowed some flexibility to end tenancy agreements but one of the purposes in introducing the RTL was to grant tenants some degree of security of tenure. Moreover, the RTL does give additional protection to both landlord and tenant to end an agreement without giving the three months or one month notice required by the RTL if either party is in breach of its terms. See para. p.13).
Consultation Questions 2 - 4
- 2.
Do you agree with the proposals for fixed periods of notice to be given by both landlord and tenant? (i.e. notice is not based on length of tenancy) If “Yes” please go to Q3 - If “No” please go to Q4
| Yes | * |
<><><><> -
No | * |
- 3.
- Do you agree with the proposed periods of one month from
- tenant to landlord and three months from landlord to tenant?
If “No” please go to Q4 | Yes | * |
<><><><> -
No | * |
- 4.
Please include a figure in the boxes to show the number of months notice you think that
a) a landlord should give a tenant
b) a tenant should give a landlord | a) Landlord
| * |
<><><><> -
b) Tenant | * |
Comments: Please add any further comments you may have
v) New eviction procedures:
The Working Party requested that tenants be provided with a greater explanation of the grounds upon which they could be evicted. They wanted a better understanding to be available to tenants of the sort of issues that a court might take into account when ordering an eviction16; a more simplified eviction procedure and a right of appeal granted to the tenant in appropriate circumstances.
Accordingly Articles 8-12 of the draft RTL grant powers to both landlords and tenants in a number of circumstances to apply to the Court for an order to either vary or terminate a residential tenancy agreement in a variety of circumstances. The RTL introduces a number of provisions to meet these goals.
Article 8: this deals with a number of matters including situations where the tenancy includes a service element. Either party might apply to the Court, for example, where a tenant occupies accommodation that is linked to the tenant’s employment by the landlord. If the tenant is removed from his job it may not be fair to expect the landlord to allow him to stay in his accommodation. The Court could be asked to consider the matter.
Article 8 also gives the Court powers to act where the residential tenancy agreement is not in accordance with the RTL or where a tenant has not been allowed 24 hours to read a proposed tenancy agreement.
Article 9 gives rights to the parties to bring an action in situations where premises subject to the tenancy agreement become uninhabitable.
Article 10 requires a landlord to give a tenant quiet enjoyment of premises and gives a tenant the right to bring an action where any breach of this duty by a landlord causes a tenant loss or damage.
Articles 11 and 12 give a landlord rights to apply to the Court for an eviction order if a tenant fails to give vacant possession of the premises or breaches one or more of the provisions of the tenancy agreement. In the latter case a landlord must first give a tenant seven days notice of the breach and the tenant must have failed to rectify the breach before the landlord applies to the court for an order.
Article 13 provides details of the eviction process and describes the Viscounts rôle.
Article 14 outlines the Court’s powers to stay an eviction.
Article 15 lists the matters to be considered and that may be considered by the Court when it decides on a stay of eviction.
Article 17 gives both landlords and tenants a right of appeal to the Royal Court against any decision, determination or order of the Petty Debts Court relating to the residential tenancy or the residential tenancy agreement. The right of appeal depends on leave to appeal being granted by either the Petty Debts Court or the Royal Court.
vi) Recovery of tenants’ deposits:
Subsequent to the Working Party’s Report Senator Corrie Stein lodged a proposition in the States17 in which she asked the States “to charge the Housing Committee to bring forward for States’ approval a scheme to safeguard the rental deposits paid by tenants to landlords or agents in the private sector, and deposits paid by lodgers to lodging house owners and to ensure the prompt return of monies at the end of the period of occupation.”
Since that time questions have been put to the States asking when a deposit scheme to protect tenants’ and lodgers’ deposits will be introduced.
The proposal was researched and considered by the former Housing Committee and has been reviewed again as part of the final work done in connection with the proposed RTL.
It has been decided not to put forward proposals for a Tenants’ Deposit Scheme as part of the RTL at this time.
The true extent of any problem is unknown as there is inadequate documented evidence regarding the current situation. That is not to deny that problems do exist but there are only limited records kept by the Citizen’s Advice Bureau and the Petty Debts Court to assist with an analysis of the problem. Further information is required as to the nature of the problem, the number of people affected and the amount of deposits currently paid.
It is acknowledged that other jurisdictions, including Australia, Canada and New Zealand18 all have such schemes and that the United Kingdom introduced a tenancy deposit scheme in April 2006. A recent report on the first year’s operation of the latter was quite positive but there are still compliance issues to be resolved.
Interestingly all the schemes researched recommend mediation as a tool to resolving landlord / tenant disputes over the return of deposit monies. If mediation fails a mechanism, such as the setting up of a tribunal, is established to formally resolve the issue.
Since the time of Senator Stein’s original amendment the Petty Debts Court has established a recognised mediation process which is now highly successful. The Petty Debts Court scheme reflects the mediation processes established elsewhere to resolve disputes over deposits paid by tenants.
The pilot scheme to trial the setting up of a mediation process for small claims in the Petty Debts Court was set up in 2002. Mediation is an ideal tool for the resolving of disputes in the Petty Debts Court for, by its nature, it is a court where only relatively small claims are filed. The pilot was highly successful with more than 70% of claims being resolved and as a result the scheme was formally incorporated into the Petty Debts Court processes in 2004. An average of 70% of claims continue to be settled annually using the small claims mediation process. Only a small proportion of the remaining 30% of cases progress to trial.
The Petty Debts Court Greffier has confirmed that the mediation scheme is now well
known in the community and that cases involving rental arrears and deposit issues
have been handled already through the mediation process.
The mediation process is managed by the Petty Debts Court in as much as a claim is still filed as before but when the parties appear in the court the presiding magistrate has power under the Rules of Court to send the parties to mediation rather than hear the case himself. Mediation hearings are held on Fridays and it is always the aim to try and get cases before the mediator within two or three weeks of the first court hearing.
Forty five minutes are allowed for a mediation hearing as it has been found that parties can usually prioritise their issues and reach a solution and finalise an agreement in this time. The hearings are held in private and any agreement reached is confidential between the parties. The parties are encouraged to represent themselves and no awards for costs are made.
However, it is recognised that often it is not only the resolution of a dispute that is important, but the speed with which resolution is achieved. This is one area on which feedback is needed.
Overall, it is therefore concluded that no legally binding Tenancy Deposit Scheme should be introduced at present in the Island for the following reasons:
- the real extent of the problem is not known;
- any scheme established in law will create bureaucracy and Government is
committed to reducing “red tape” where possible;
d) setting up and administering a scheme is likely to have a cost. If government
were to be involved in any way it would require resources which would
entail additional government expenditure;
e) there is already provision available in the Petty Debts Court for applicants to
have their cases dealt with privately using mediation processes and additional
means of accessing mediation are available;19
f) there are several new provisions in the RTL which seek to clarify the rights and
obligations of tenants and landlords with regards financial transactions which
take place between them, including the payment and repayment of deposit
monies. It is hoped that these provisions will help manage any issues arising
over the return of deposits;
g) as described above, the RTL at present only extends to those qualified to rent
property. Thus, any scheme established under the RTL would not afford
protection to those falling outside its remit, including lodgers.
It is proposed that:
i) the current mediation process in the Petty Debts Court be promoted for resolution
of deposit disputes;
ii) further research be done on the value of deposits and cases where there is a dispute
concerning the return of a rental deposit;
iii) once further evidence has been acquired a review of the need for a Tenancy
Deposit Scheme takes place within the next 2 years.
To assist in the research it is intended to include some questions relating to the return of deposits in the forthcoming Jersey Annual Social Survey (“JASS”) which is due out in the autumn. However, the proposed questions (questions 6 -8) are included in this consultation paper as well in order to reach as many people as possible.
Arrangements have also already been put in place with the Citizen’s Advice Bureau and the Petty Debts Court to record statistics on any cases relating to deposit issues.
Once further evidence has been acquired it is suggested that it be incorporated into the general review of the current landlord / tenant legislation proposed and referred to at p.6 above. Thereafter, a decision could be made as to the need or otherwise to establish a deposit scheme that was open to all tenants and lodgers.
Consultation Questions 5 - 8
5A. Do you agree with the recommendation that the mediation process offered in the Petty Debts Court provides an appropriate forum for resolving issues concerning the return of deposits?
| Yes | * |
<><><><> -
No | * |
5B. Do you believe there is a need to establish a formal Deposit Scheme?
| Yes | * |
<><><><> -
No | * |
- 6.
- Did you pay a deposit when you began living in your current
accommodation? -
- If “Yes” please go to Q6A
| Yes | * |
<><><><> -
No | * |
- 6A.
-
- If “Yes”, how much was the deposit?
|
¡ Up to £500 ¡ Up to £1000 ¡ Up to £1500 ¡ Over £1500 |
- 7.
- In the last 5 years, have you had a dispute with a landlord over the retur returnn of a deposit?
-
- If “Yes” please go to Q8
| Yes | * |
<><><><> -
No | * |
- 8.
- If yes, please answer the next two questions in the following table. Please fill in one
- column for each dispute you have had in the last 5 years. If you have just had one
dispute, just fill in the first column. |
| Dispute 1 | Dispute 2 | Dispute 3 |
What type of accommodation was the dispute about? | 01¡ Qualified 02¡ Non-qualified | 01¡ Qualified 02¡ Non-qualified | 01¡ Qualified 02¡ Non-qualified |
How was the dispute resolved? | 01¡ Through the court 02¡ Between yourself and the landlord 03¡ It was not – the deposit was not returned 04¡ Other – eg. With advice from the Citizens Advice Bureau | 01¡ Through the court 02¡ Between yourself and the landlord 03¡ It was not – the deposit was not returned 04¡ Other – eg. With advice from the Citizens Advice Bureau | 01¡ Through the court 02¡ Between yourself and the landlord 03¡ It was not – the deposit was not returned 04¡ Other – eg. With advice from the Citizens Advice Bureau |
Consultation Paper:
Residential Tenancies (Jersey) Law 200- Appendix 1
P257/1998 - Security of Tenure Report of the Working Party pp10 -16
Detailed Proposals of Working Party:
2.1 Proposed amendment to existing law
(a) It is proposed that the 1919 and 1946 statutes be repealed to the extent that they deal with residential property. Their provisions which relate to other types of property should be codified in the single new statute.
(b) A new statute is proposed, the short and long title of which should reflect the intention of the law to create a fair balance between the rights of the landlord and tenant in relation to eviction from residential property. The title of the 1946 law, referring as it does to refractory tenants is perceived to be defective in that it does not properly reflect the protection given to tenants thereunder.
(c) The new law should be drafted in English.
(d) It is proposed to create a new fixed period of notice for all tenancies of residential property, whether for a fixed term or for a self-renewing term. It would expressly exclude licensees, that is to say lodgers. It may be considered necessary to include a statutory definition of “licensee” and “tenant”, in particular to prevent a landlord from avoiding the provisions of the new law by describing a tenant as a licensee. The definition should extend to encompass all those tenants who have exclusive occupation of a residential unit. It is intended that this include situations where occupation of the property is tied to employment or operation of a business including an agricultural business.
(e) The new law will require all tenants of residential property to be given a written statement setting out the main terms of their tenancy, which main terms would be prescribed by regulations. The terms envisaged as being fundamental for inclusion in such regulations are set out in the report of the Working Party on Landlord and Tenant attached as Appendix 2 hereto. Failure to provide such written terms in advance of the commencement of the tenancy would be an offence. Any subsequent amendment or renewal of the terms of tenancy should also be made in writing. It was considered that the written terms should give to the tenant a clear indication as to when the tenancy may determine.
(f) The new law should expressly state that all matters relating to eviction of tenants of all types of property will fall into the exclusive jurisdiction of the aforementioned separate division of the Magistrate’s Court. The power to cancel paper leases should also fall into the jurisdiction of that same Court. Power to cancel contract leases will remain vested in the Royal Court.
(g) It should be a prescribed criminal offence and a statutory tort to unlawfully deprive a tenant from occupying the whole or part of the premises which he is entitled to occupy under a tenancy agreement without an Order of the Court.
(h) Save in the circumstances envisaged under sub-paragraph 2.1(o), all tenants who have taken a tenancy of a residential property and who have continuously occupied that property as their principal residence, in accordance with the terms of the tenancy for a period of three months or more, shall be entitled to a minimum period of notice/stay from eviction of six months following service of a notice to quit in a form prescribed by Regulations, which form should include a statement of the tenants’ rights under the new law.
(i) A tenant of residential property shall be required to give notice to the landlord as follows -
(i) where the tenancy was a weekly, monthly or quarterly self-renewing term, one week, one month or one quarters notice respectively;
(ii) where the tenancy was for a self-renewing term in excess of one quarter, one quarter’s notice;
(iii) no period of notice shall be required from the tenant to the landlord at the end of a fixed term lease. It is considered that there should be an implied duty upon the landlord to supervise whether the tenancy is to continue in such circumstances, and thus no notice period from tenant to landlord needs to be imposed.
(j) The prescribed form of notice to quit should be served by the Viscount’s Department (or in such other manner as the Court may require, upon application by the landlord).
(k) In the event that the tenant has not given vacant possession of the premises after the six months period of notice/stay from eviction, the landlord shall be entitled to serve upon the tenant in the same manner as the notice to quit, a summons to appear before the Magistrate’s Court to seek an order for the tenant’s eviction. The period of notice for such appearance should be longer than at present; 14 days is considered appropriate. The summons should be in a form prescribed by regulations and should include a statement of the tenant’s rights under the new law.
(l) Upon an application for an eviction order, the Court should have the power to grant an order authorising the Viscount or his officers to evict the tenant. The Court shall further have the power to stay the execution of that Order for such period as it considers fit, to a maximum period of ten years.
(m) The Court will be entitled in exercising its discretion to stay the execution of the eviction order to take in to account all the circumstances of the case including -
(i) Whether any rent lawfully due from the tenant has not been paid or any other obligation of the tenancy has been broken or not performed.
(ii) Whether there is suitable alternative accommodation available for the tenant, or whether such accommodation be available when the Judgement or order takes effect.
(iii) Whether at the time the tenancy was created any deposit was paid or any other contract (including without prejudice to the generality of the foregoing any contract for the purchase of furniture or furnishings situate on the premises in question) was entered into by the landlord or tenant with each other or with a third party either directly related to or directly resulting from the creation of the tenancy.
(iv) Whether the tenant or any person residing or lodging with him, has been guilty of conduct which is a nuisance or annoyance to the landlord or adjoining occupiers.
(v) Whether the condition or value of the premises has in the opinion of the Court improved or deteriorated owing to the act, neglect or default of the tenant or of any person residing or lodging with him.
(vi) Whether any financial or other commercial benefit will accrue to the landlord as a direct result of his obtaining vacant possession of the premises.
(vii) Whether the landlord has sought or is likely to seek or is seeking to evict other tenants from other properties owned by him or in the same ultimate beneficial ownership.
(viii) Whether the tenant has been using the premises or allowing the premises to be used for an immoral or illegal purpose.
(ix) Whether the tenant has given notice or agreed to quit the premises, and in consequence the landlord has contracted to sell or let the premises, or has taken other steps in reliance of that notice or agreement as a result of which he would, in the opinion of the Court, be seriously prejudiced if he could not obtain possession.
(x) Whether the premises consist of or include premises licensed for the sale of intoxicating liquor and the tenant or sub-tenant has committed an offence as holder of the licence, or has not conducted the premises to the satisfaction of the Court.
(xi) Whether the premises are in such a condition so as to be dangerous or injurious to the health of the residents or the public, and whether the condition may be improved after the removal of any occupant.
(xii) Whether generally any hardship would be caused to the tenant or any other person directly arising from the granting or delaying of the order sought; hardship will be regarded as the subjective effect of a detrimental nature upon the person concerned, whether physical, financial or otherwise.
(xiii) Whether a lease was granted for a fixed period and whether the fixed period has expired.
These items should be expressly included in the new law.
(n) The new Court should have a discretion to require the filing of pleadings in appropriate cases.
(o) The new law will give to the landlord a power to apply for immediate eviction in the event that it is alleged that the tenant has not complied with the terms of the tenancy and has failed to rectify that non-compliance within seven days of receipt of notice in prescribed form from the landlord, or where the tenant has not continuously occupied those premises for a period of three months or more. In such a case no formal Notice to Quit will be required, and a summons of immediate eviction in a form prescribed by regulation may be issued with a notice period for appearance before the Court equivalent to that prescribed for the summons following the six month notice period referred in sub-paragraph 2.1(k) hereof. Thereafter the Court shall have the power to order the immediate eviction of the tenant, or to refuse to order the same, or to stay the eviction for such period as it may consider fit up to maximum period of ten years.
(p) The Magistrate’s Court (Civil Division) will have the same powers to grant judgments in respect of sums due between landlords and tenants as the Petty Debts Court.
(q) A right of appeal to the Royal Court in respect of decisions of law of the Magistrate’s Court (Civil Division) (but not of fact) should be created.
(r) Hearings of the Magistrate’s Court (Civil Division) will be held in camera but judgments thereof relating to stays from evictions referred to only by case number will be available for inspection as a public record. Judgments of the Court in respect of debt for rent and costs for example shall be available for inspection separately and shall include the names of the parties. Provision will therefore need to be made for two judgments within the same proceedings.
(s) A discretion to award costs on a taxed or indemnity basis should be given to the Magistrate’s Court (Civil Division).
Consultation Paper:
Residential Tenancy (Jersey) Law 200- Appendix 2
Note: The wording below is provided for information only and for the purposes of this consultation process.20
Dwelling-Houses (Rent Control) (Standard Tenancy Agreement) (Jersey) Regulations 1993
SCHEDULE
(Regulation 1)
STANDARD FORM OF WRITTEN CONTRACT FOR EXEMPTION FROM RENT CONTROL
____________
1. THIS TENANCY AGREEMENT between |
.......................................of........................................................................... |
..................................................................................................................... |
..................................................................................................................... |
..................................................................................................................... |
(“the landlord”) |
AND |
.......................................of........................................................................... |
..................................................................................................................... |
..................................................................................................................... |
..................................................................................................................... |
(who, whether one or more is or are referred to as “the “tenant”) is |
made the...................................................................................................... |
day of........................................................................................................... |
THE PREMISES TO BE LET are .............................................................. |
..................................................................................................................... |
..................................................................................................................... |
(“the premises”). |
The tenancy commences on the ....................... day of .............................. |
and (subject to being terminated earlier as provided herein) terminates |
on the ................. day of ........................................ |
2. The premises are let unfurnished (save the fixtures and fittings listed in the inventory attached to this Agreement). |
3. The rent for the premises is £................................. per [week/month/quarter] payable in advance on the ......................................... .....................................................................................................................by [cash/cheque/bankers order] without deductions. [In addition to the rent the sum of £....................... will be payable weekly/monthly/quarterly in respect of the following service charges ....................................................... |
..................................................................................................................... |
..................................................................................................................]*[3] |
The first rent payment shall be made on ..................................................... |
and all rental payments shall be made to..................................................... |
..................................................................................................................... |
at ................................................................................................................. |
..................................................................................................................... |
4. If the tenant so requests, a rent book will be provided by the landlord and a record of the rent payments will be recorded in the rent book by the landlord.
5. Subject to the foregoing, this tenancy is subject to –
(a) the agreements between the landlord and the tenant set out in Part 1 of the Schedule to this Agreement;
(b) the covenants by the tenant set out in Part 2 of that Schedule;
(c) the covenants by the landlord set out in Part 3 of that Schedule; and
(d) the additional agreements set out in Part 4 of that Schedule in so far as the same do not derogate from any of the agreements and covenants above-mentioned.
6. Where more than one tenant is a party to this Agreement, every obligation, undertaking and liability of the tenants is joint and several.
IN WITNESS whereof the landlord and the tenant have hereunto set their hands [and seals] in duplicate the day and year first before written:
Signed, etc. ...................................................................................................
.......................................................................................................................
SCHEDULE TO STANDARD FORM OF CONTRACT
PART 1
AGREEMENTS
The parties agree as follows –
(a) if a deposit is required from the tenant it shall not exceed an amount equal to one periodical payment of the rent for the premises as set out in clause 3 of the contract, and the landlord shall give a written receipt to the tenant for the deposit;
(b) the deposit, if any, paid by the tenant shall be repaid to the tenant at the expiry or earlier determination of the tenancy subject only to the deduction therefrom by the landlord of any arrears of rent and a reasonable sum in respect of damage to the premises (and any of the landlord’s fixtures and fittings therein) caused by the tenant, the tenant’s servants, agents or invitees other than damage caused by fair wear and tear and damage in respect of which the landlord is required to insure under this Agreement;
(c) [the rent for the premises shall be reviewed one year from the date of this Agreement and thereafter annually on the anniversary of this Agreement and any increase in the rent shall not exceed the increase (if any) in the Jersey retail prices index since the date of this Agreement or, as the case may be, the last review. The last quarterly index figure prior to the date of this Agreement was .............. at the ............... of ...........................][4] [The charge for a service may be varied from time to time in accordance with the variation in the charge made by the service company for providing that service but in any event shall not exceed the charge levied by the appropriate service company][5];
(d) the tenant is not required to purchase from the landlord any fixtures or fittings in the premises or any furniture or other movable property nor shall the landlord make the grant of the tenancy conditional upon the purchase by the tenant of any furniture or other movable property from any person;
(e) other than the rent reserved and the deposit, if any, mentioned in clause (a) of this Part, no premium, fee or other charge shall be payable by or on behalf of the tenant to the landlord or any person on the landlord’s behalf in respect of this Agreement or the grant of the tenancy;
(f) the children of the tenant may join the tenant in occupation of the premises subject to any statutory limitation or lawful restriction by any public authority for the time being in force;
(g) the tenant shall have the absolute right to opt to be supplied with services direct from the company supplying the service and in that event shall be responsible for all payments in respect of any such supply which is received by the tenant;
(h) in the event of the premises or any part thereof being rendered unfit for occupation by reason of any damage against which the landlord is required by this Agreement to insure then the rent or a proportionate part of the rent according to the extent of the damage shall not be payable in respect of any period from the date of the occurrence of the damage until the premises or the damaged portions of them are restored to a condition fit for occupation;
(i) the landlord shall pay the foncier rate for the premises, any other rate, charge or assessment usually payable by the landlord and any Schedule A income tax to which the landlord may be liable in respect of the rent received under this Agreement and the tenant shall pay the occupier’s rate in respect of the premises:
Provided that in the first and last years of the tenancy the tenant shall be liable in respect of the occupier’s rate only in respect of the portion of those years during which the tenancy is in effect;
(j) the tenant may terminate this tenancy by giving written notice accordingly to the landlord of no less a period than that required by this clause expiring on a day on which the rent is payable. If the rent is payable under this Agreement at intervals of one month or less the period of notice required is one month; in all other cases the period of notice required is 3 months. The notice shall be duly given if posted by recorded delivery to the landlord at the landlord’s usual address or delivered to the person to whom the rent is payable under this Agreement;
(k) if –
(i) the rent or any part of it is for no good reason in arrears for 10 days, whether having been formally demanded or not,
(ii) there has been a breach of any of the tenant’s covenants for a similar period (whether or not the landlord has given notice to the tenant that such a breach is considered to be in the course of being committed), or
(iii) the property of the tenant is declared en désastre or if the tenant commits any act of insolvency whether in Jersey or elsewhere,
then in any such case the landlord may by written notice forthwith terminate the tenancy and shall become entitled to institute proceedings for the recovery of possession of the premises under the Loi (1946) concernant l’expulsion des locataires réfractaires, or any statutory modification or re-enactment of that Loi or any law having similar effect, without prejudice to the landlord’s rights, if any, to claim damages or to any other relief or remedy;
(l) if the landlord does not intend to renew or, as the case may be, further to renew the tenancy, the landlord shall give the tenant written notice accordingly and the notice shall be given, if the tenancy or the latest renewal of it is for a term –
(i) not exceeding 2 years, no later than the last day on which the rent is due to be paid, or
(ii) exceeding 2 years, at least 6 months before the expiry of that term;
(m) if –
(i) and for so long as they remain bound by the terms, covenants and conditions contained in this Agreement (or a renewal of this Agreement) the Dwelling-Houses (Rent Control) (Jersey) Law 1946 shall not apply to the premises,
(ii) any of the terms, conditions and covenants contained in this Agreement (or a renewal of this Agreement) except as to the rent and except any variation of this Agreement which is an additional agreement within the meaning of clause 5(d) of the contract, are at any time varied, whether by writing or by conduct, the Dwelling-Houses (Rent Control) (Jersey) Law 1946 shall thereupon apply to the premises without further legal process.
PART 2
TENANTS COVENANTS
The tenant covenants as follows –
(a) to pay the rent in full on the days and in the manner provided by this Agreement;
(b) not to cause or permit or suffer to be done on the premises–
(i) anything illegal or prejudicial to the safety of the premises or any adjoining or neighbouring premises,
(ii) any nuisance or annoyance to the occupiers of adjoining or neighbouring premises,
(iii) anything which may cause the insurance of the premises to be void or voidable, or
(iv) anything which, without prejudice to sub-clause (i), above, is in breach of the Island Planning (Jersey) Law 1964 or any re-enactment thereof;
(c) not to keep any animal on the premises without the prior written consent of the landlord;
(d) not, without the prior written consent of the landlord, to use the premises for any purpose other than as a private residence;
(e) not to make any structural alteration to the premises nor to erect any aerial, satellite dish or similar apparatus without the prior written consent of the landlord, which consent shall not be unreasonably withheld;
(f) to keep the interior of the premises and all fixtures and fittings therein clean and in good decorative repair and condition (fair wear and tear and damage for which the landlord is required by this Agreement to insure, excepted) and repair or replace any part of the premises and any fixtures or fittings which require repair or replacement as a result of the negligence or wilful act or default of the tenant or the tenant’s servants, agents or invitees;
(g) to keep the garden and any yard, patio or similar area of the premises in clean and tidy condition and in particular not to allow or suffer the accumulation of any refuse, rubbish or waste thereon;
(h) not to lop or cut down any trees or bushes in any garden to the premises without the prior written consent of the landlord;
(i) to allow the landlord, the landlord’s agent or workmen access to the premises at all reasonable times and upon reasonable notice to view the condition of the premises and to effect any necessary repairs to the premises or to other parts of the building in which the premises are situate to which access for those purposes cannot otherwise conveniently be obtained;
(j) not to leave or allow or suffer to be left on the premises any disused or derelict vehicle without the consent of the landlord;
(k) not to assign the tenancy, sub-let or otherwise part with possession of the premises or a part thereof;
(l) not to take in lodgers or paying guests in the premises without the prior written consent of the landlord and where such consent is given to ensure compliance with any laws governing the operation and registration of lodging houses;
(m) to pay all existing and future rates, taxes, assessments and other outgoings on the premises except as provided otherwise by this Agreement; and
(n) at the expiration or earlier determination of the tenancy to give possession of the premises and the fixtures and fittings listed in the inventory attached to this Agreement to the landlord in good and tenantable repair in accordance with the tenant’s covenants in this Agreement (fair wear and tear and damage for which the landlord is required by this Agreement to insure, excepted).
PART 3
LANDLORDS COVENANTS
The landlord covenants as follows –
(a) so long as the tenant pays the rent and performs and observes the tenant’s covenants to allow the tenant peaceable possession of the premises during the term of the tenancy;
(b) to keep the premises wind and water tight and to keep in tenantable repair the exterior and interior of the premises (except in so far as the want of repair is due to the negligence or wilful act or default of the tenant or the tenant’s servants, agents or invitees);
(c) to insure the premises and any building in which the premises are situate and to keep them insured against loss or damage by fire, flood and other risks, third party liability and special perils normally insured in an insurance office of repute to the full cost of reinstatement of the same from time to time together with the costs of architect’s, surveyor’s and other professional fees and all other fees associated with the reinstatement and the costs of demolition site clearance and temporary works which may be incurred in making the premises or building safe;
(d) to keep in tenantable repair all halls, landings, passageways, stairs and other areas of the building in which the premises are situate and any open areas used by the tenant in connection with the premises; and
(e) allow the tenant free and uninterrupted use of all pipes, drains, wires, flues and chimneys serving the premises, excepting and reserving the existing use thereof by the landlord and use by other tenants of the landlord.
PART 4
ADDITIONAL AGREEMENTS
The landlord and the tenant further agree that – |
[set out any additional obligations not derogating from any of the agreements and covenants above-mentioned] |
...................................................................................................................... |
...................................................................................................................... |
...................................................................................................................... |
...................................................................................................................... |
...................................................................................................................... |
...................................................................................................................... |
...................................................................................................................... |
...................................................................................................................... |
...................................................................................................................... |
...................................................................................................................... |
...................................................................................................................... |
...................................................................................................................... |
Signed by the landlord.................................................................................. |
Signed by the tenant..................................................................................... |
Consultation Paper:
Residential Tenancy (Jersey) Law 200- Appendix 3
QUESTIONNAIRE
For completion and return to:
Residential Tenancy Consultation Population Office 3rd floor, Jubilee Wharf 24 Esplanade St Helier Jersey JE4 0UT | Tel.01534 -448931 Email rtl@gov.je Fax 01534-448988 |
CONFIDENTIALITY
Please note that responses submitted to this public consultation may be made public to demonstrate views that have been expressed during the consultation (i.e. sent to the Scrutiny office, quoted in a final published report, quoted in the media and published on a States of Jersey website). If a respondent has a particular wish for confidentiality please indicate this clearly when submitting the response.
Please tick this box if you wish the information given in this questionnaire to be kept confidential * |
Please tick this box if you are willing for the information given in this questionnaire to be attributed * |
Consultation Questions
1. Are there issues arising in landlord / tenant residential tenancy agreements that are not specifically mentioned in the draft RTL [Article 4 and Schedules 1 and 2 of the RTL] that you feel should be regulated? If “Yes” please go to 1A below -
| Yes | * |
<><><><> -
No | * |
1A Please provide a list of the issues you would like to see regulated:
NB: It would be helpful if respondents could specifically refer to any of the matters listed at 23(2) a – r of the RTL that they feel should be formalised in Regulations at the time the RTL is brought into force. |
- 2.
Do you agree with the proposals for fixed periods of notice to be given by both landlord and tenant? (i.e. notice is not based on length of tenancy) If “Yes” please go to Q3 - If “No” please go to Q4
| Yes | * |
<><><><> -
No | * |
- 3.
- Do you agree with the proposed periods of one month from
- tenant to landlord and three months from landlord to tenant?
If “No” please go to Q4 | Yes | * |
<><><><> -
No | * |
- 4.
Please include a figure in the boxes to show the number of months notice you think that
a) a landlord should give a tenant
b) a tenant should give a landlord | a) Landlord
| * |
<><><><> -
b) Tenant | * |
Comments: Please add any further comments you may have
5A. Do you agree with the recommendation that the mediation process offered in the Petty Debts Court provides an appropriate forum for resolving issues concerning the return of deposits?
| Yes | * |
<><><><> -
No | * |
5B. Do you believe there is a need to establish a formal Deposit Scheme?
| Yes | * |
<><><><> -
No | * |
- 6.
- Did you pay a deposit when you began living in your current
accommodation? -
- If “Yes” please go to Q6A
| Yes | * |
<><><><> -
No | * |
- 6A.
-
- If “Yes”, how much was the deposit?
|
¡ Up to £500 ¡ Up to £1000 ¡ Up to £1500 ¡ Over £1500 |
- 7.
- In the last 5 years, have you had a dispute with a landlord over the retur returnn of a deposit?
-
- If “Yes” please go to Q8
| Yes | * |
<><><><> -
No | * |
- 8.
- If yes, please answer the next two questions in the following table. Please fill in one
- column for each dispute you have had in the last 5 years. If you have just had one
dispute, just fill in the first column. |
| Dispute 1 | Dispute 2 | Dispute 3 |
What type of accommodation was the dispute about? | 01¡ Qualified 02¡ Non-qualified | 01¡ Qualified 02¡ Non-qualified | 01¡ Qualified 02¡ Non-qualified |
How was the dispute resolved? | 01¡ Through the court 02¡ Between yourself and the landlord 03¡ It was not – the deposit was not returned 04¡ Other – eg. With advice from the Citizens Advice Bureau | 01¡ Through the court 02¡ Between yourself and the landlord 03¡ It was not – the deposit was not returned 04¡ Other – eg. With advice from the Citizens Advice Bureau | 01¡ Through the court 02¡ Between yourself and the landlord 03¡ It was not – the deposit was not returned 04¡ Other – eg. With advice from the Citizens Advice Bureau |
1 We will promote a safe, just and equitable society – p26 and 3.8.9 p31
2 at paragraphs 3.8 and 3.8.9 p.30
3 See Article 2(d) of the Dwelling Houses (Rent Control) (Jersey) Law 1946 and p9 of this paper.
4 Many will remember the eviction cases of La Folie Estate and Troy Court which in part sparked the
need for the review of security of tenure provisions carried out by the Working Party.
5 Translates as : “Law (1919) on the Letting of Property”
6 Translates as “Law (1946) Concerning the Eviction of Refractory Tenants”
7 http://www.statesassembly.gov.je/frame.asp Propositions /1998/257
8 Housing Committee Strategic Policy Report 2002-2006 (P2/2002): Amendment Lodged au Greffe 23rd
April 2002
9 Note: see p9 which refers to the “standard tenancy agreement” which is a separate agreement introduced under the terms of the Dwelling Houses (Rent Control) (Standard Tenancy Agreement) (Jersey) Regulations 1993
10 The questionnaire can be removed once the questions have been completed and returned to the address above. The questionnaire has also been placed on the gov.je website as a separate document for downloading, completion and return as an e-mail attachment to rtl@gov.je if preferred.
11 for full definition see Article 1(1) of the RTL
12 for full definition see Article 2 of the law.
13 see reference to Article 3(1) on p8
14 States tenants need take no action.
15 e.g. an agreement for a residential tenancy for a period of three years with rent due on a weekly basis was entered into. Three years have past but the tenancy is continuing with rent still being paid weekly. The fixed term tenancy has ended but the tenancy agreement has now become a weekly periodic tenancy.
16 Current law makes no such specific provision and it was felt only fair that tenants should have a clearer idea of what their position might be.
17 Housing Committee Strategic Policy Report 2002-2006 (P2/2002): Amendment Lodged au Greffe 23rd April 2002
18 all of whose legislation was considered when drafting the notice periods proposals in the draft RTL
19 http://www.jerseylegalinfo.je/Mediation/Accredited_Mediators/Accredited_Mediators.aspx
20 Copies of the Standard Tenancy Agreement may be obtained from the Population Office, 4th floor, Jubilee Wharf, Esplanade, St Helier or viewed on the Jersey Legal Information Board website http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f18%2f18.270.60_DwellingHouses(RentControl)(StandardTenancyAgreement)Regs1993_RevisedEdition_31August2004.htm
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