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New law sets out rights and responsibilities of landlords and tenants

21 May 2009

The States have voted to adopt the draft Residential Tenancy (Jersey) Law 200-, which will come into effect toward the end of 2009, once it has received Privy Council assent.

“I am delighted that the States have adopted this law,” said Deputy Sean Power, the Assistant Housing Minister. ”It is a major new piece of social policy legislation that will benefit all those in the rental sector, both landlords and tenants.”

The purpose of the law is to set out basic rights and responsibilities of both landlords and tenants when they enter tenancy agreements. Key features include:  

·         New clear notice periods: A landlord will be required to give his tenants three months notice, whereas a tenant will have to give one month (the law gives the Housing Minister the power to vary these notice periods).

·         Basic requirements for all tenancy agreements, e.g. who the rent is to be paid to and its frequency; how much the deposit is; when the rent is to be reviewed; contact details.

·         The landlord is required to give a written, and signed, copy of the tenancy agreement to the tenant and to allow the tenant a 24 hour period before signing so that they can seek advice about its contents if necessary. 

·         Court processes to be followed in cases of breach or eviction are clearly outlined, including grounds for stays of eviction.

Guidelines explaining the key provisions of the law will be published before it comes into effect. At the moment, it applies only to those who are qualified to lease property, but once the Migration Law is adopted it is intended that the law will extend to people in the unqualified sector.

The law also enables the Minister to bring forward a Regulation allowing for a Tenants Deposit Scheme to be established. The Minister has renewed his commitment to report to the States on this matter in the autumn.

14-07-09
                                            
                                                                                -ends-

 Notes to Editors:

1.   For further information please contact Deputy Sean Power on 07797 76777 or Paul Bradbury, Director, Population Office, on 448997.

2.      The law is not retrospective so tenancy agreements currently in force will not be affected, unless the terms of the agreement are changed or renewed after the law comes into effect.

3.      The former Housing Committee appointed a Working Party under the Chairmanship of Senator Corrie Stein in December 1996 to review the respective rights of landlords and tenants when entering into leases.  P257 / 1998 Security of Tenure – Report of the Working Party was presented to the States in 1998 and adopted. This law is the result of the earlier proposals.

4.      The policies to support the new Migration Law are subject to public consultation until 14th September.​​​

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