Draft Residential Tenancy (Jersey) Law 200-

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A decision made (19.05.2009) to approve the draft Residential Tenancy (Jersey) Law 200- and accompanying Report.

Decision Reference: MD-H-2009-0045
Decision Summary Title :	Draft Residential Tenancy (Jersey) Law 200- Report		Date of Decision Summary:	19 May 2009
Decision Summary Author:	Policy 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 :	Draft Residential Tenancy (Jersey) Law 200- Report		Date of Written Report:	19 May 2009
Written Report Author:	Policy Officer, Population Office		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Draft Residential Tenancy (Jersey) Law 200-
Decision(s): The Housing Minister, having informed and gained the support of the Council of Ministers, approved the draft Residential Tenancy (Jersey) Law 200- and accompanying Report and has asked that it be lodged au Greffe on 20th May for debate on 30th June 2009. The Minister also signed the Statement of Compatibility confirming that the provisions of the draft law were compatible with the European Convention on Human Rights.
Reason(s) for Decision: Over the last decade concern has been raised over the lack of clarity and public understanding concerning the legal position that tenants have in Jersey law. The draft Residential Tenancy (Jersey) Law 200- is designed to provide a modern framework of principles which will provide clarity for landlords and tenants with regards to their respective roles as well as a legal basis for the development of fair, transparent and well-regulated residential tenancy agreements. The Law has been drafted as a result of proposals put forward by a Working Party led by the former Senator Corrie Stein and adopted by the States in 1998 in P257 / 1998 Security of Tenure – Report of the Working Party. 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 agreements. This draft Law will enable the setting up of such a scheme by Regulation.
Resource Implications: Financial and manpower implications for the States in connection with the implementation of the draft Residential Tenancy (Jersey) Law 200- are expected to be minimal, as this Law will introduce a framework for landlord and tenant relations without requiring any additional States administrative function. The Housing Department has already reviewed its tenancy agreements to ensure that compliance with the RTL will be possible and minor amendments will be needed to other housing department forms and to the Standard Tenancy Agreement issued under the terms of the Dwelling Houses (Rent Control) (Standard Tenancy Agreement) (Jersey) Regulations 1993.
Action required: The Population Office Project Officer to liaise with the Greffier of the States regarding the lodging of the draft Residential Tenancy (Jersey) Law 200- and ask him to lodge it ‘au Greffe’ on 20th May for debate on 30th June 2009.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):