Minister for Housing and Communities
Ministerial Decision Report
Law drafting request: Residential Tenancy (Jersey) Law
Purpose of the Report
The Minister for Housing and Communities (the Minister) is requested to:
(i) Authorise officers to liaise with the Principal Legislative Drafter to request the preparation of a draft Residential Tenancy (Jersey) Law, repealing the current 2011 Law.
Background
The Minister published the Creating Better Homes Action Plan in June 2021. This included a commitment to review the Residential Tenancy (Jersey) Law 2011, to identify where the Law could offer additional protections.
In line with this commitment, Officers from Environmental and Consumer Protection have reviewed the legislation, coupled with their knowledge and experience of Landlord and Tenancy issues against the backdrop of the 2011 Law, to put forward a package of improvements that the Minister for Housing and Communities has reviewed/approved.
Summary of review findings
Although the existing law contains many provisions that work well, the review identified a number of key areas where improvements could be made through amendment of existing provisions, or creation of entirely new provisions. These areas relate to potential benefits / strengthening of protections for both tenants and landlords, in order to seek a fair balance in the rights of all parties involved in a tenancy.
The review identified that the scope of the existing law excludes some of Jersey’s most vulnerable members of society, leaving them with little or no protection. The current scope also means that landlords can be subject to different requirements depending on the type of property they rent out, and there is a lack of consistency in charges applied when tenancies are created.
Existing provisions around the types of tenancies which can be used, and notice periods for differing tenancies, means that levels of protection for tenants and landlords can vary, leaving some tenants vulnerable to so-called ‘revenge evictions’ and similar. There is currently no additional protection where tenants have remained in a property for a long period of time and tenancy agreements can be strongly weighted in favour of one party.
At the current time there is limited data available on rented accommodation to enable the development of comprehensive housing policies and enforcement strategies in this area. Enforcement of the existing law is further limited given the range of investigatory, enforcement and court-related provisions currently included, meaning that parties may struggle to get redress where they have suffered due to the actions of another party.
There appears to be some confusion around the application of parts of the law, including roles and responsibilities of different parties, and the rules around when a property / agreement falls under the law. The law also has limited flexibility to adapt to an ever-changing world.
Proposal
In order to address these areas, the proposal seeks to widen the scope of the existing law to include a greater range of properties and tenants, increasing tenants’ rights and creating a more level playing field for landlords.
Amending the types of tenancies which are available and enhancing provisions around the length of notice periods for different types of tenancy will allow flexibility in tenancies to remain but will also strengthen tenants’ rights, particularly where they have lived in a property for a longer period.
The creation of a simple streamlined landlord register as part of the package of improvements is thought to be a progressive step. It would be designed to have minimal impact on landlords and tenants through levels of paperwork, inspections and similar. The data obtained would be an essential tool for developing future Housing policies and to enable effective enforcement strategies to be implemented in relation to legislative requirements. In line with this the proposal seeks to expand on, and clarify, provisions relating to investigation and enforcement of the law and the situations where the court can act.
Included within the proposal are suggestions to expand the list of definitions / interpretations for terms such as ‘lodger’, ‘boarder’, ‘peaceful enjoyment of properties’, ‘uninhabitable properties’, ‘sub-lets’ and similar. Roles and responsibilities of all parties to an agreement and charges made at the time of signing tenancies will be clarified and the Minister will have the option of creating guidance documents.
The proposal also suggests a range of Regulation and Order making powers, allowing tenancy-related legislation to keep pace with developments as and when they occur.
In summary, the proposed changes will create a more streamlined legislative framework for tenancy-related matters, increasing protection for tenants, and will seek to address tenant and landlord feedback received regarding the existing law. The proposal covers a greater range of matters than what is covered above, however this should give a flavour of the main areas and direction of travel proposed for the law.
The law drafting instructions propose a new draft Residential Tenancy (Jersey) Law with the intention of going out to full public consultation towards the end of this year, in line with the Government of Jersey Fair Rents Plan published in December 2021.
Recommendation
The Minister is recommended to sign the Ministerial Decision to enable law drafting to commence at the earliest opportunity in line with the time frame outlined in the Fair Rents Plan.
Financial and manpower implications
There are no new or additional financial or manpower implications arising from this
decision.
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