Approval of comment to P.137/2008 entitled "Rental Deposit Scheme to Protect Tenants' Deposits"

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A decision made (08.10.08) to approve a comment to P.137/2008 entitled "Rental Deposit Scheme to Protect Tenants' Deposits"

Decision Reference: MD-H-2008-0100
Decision Summary Title :	Rental Deposit Scheme to Protect Tenants’ Deposits (P.137/2008) – comments of Minister		Date of Decision Summary:	6 October 2008
Decision Summary Author:	Paul Bradbury, Director, 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:	n/a
Written Report Title :	Comments of the Housing Minister on P137/2008 “Rental Deposit Scheme to Protect Tenants’ Deposits” lodged au Greffe on 29th August 2008 by Deputy Southern.		Date of Written Report:	6 October 2008
Written Report Author:	Paul Bradbury, Director, Population Office		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)
Subject: Comment to the report and proposition ““Rental Deposit Scheme to Protect Tenants’ Deposits” (P.137/2008).
Decision(s): The Minister approved a comment to P.137/2008 entitled, “Rental Deposit Scheme to Protect Tenants’ Deposits”, as lodged au Greffe on 29th August 2008 by Deputy G.P. Southern.
Reason(s) for Decision: To inform the States Assembly of the Minister’s view on P137/2008.
Resource Implications: None.
Action required: Population Office to send the Comment to the Greffier of the States for presentation to the States as soon as possible.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Approval of comment to P.137/2008 entitled "Rental Deposit Scheme to Protect Tenants' Deposits"

Rental Deposit Scheme to Protect Tenants’ Deposits - Lodged au Greffe on 29th August 2008 by Deputy Southern.

Comments of the Housing Minister

As Housing Minister, I have a natural sympathy for tenants, and wish to protect them. Equally, I have a responsibility to landlords and the general public, and to introducing new legislation on the basis of the widest consultation and the most robust evidence.

It is for these reasons that the Draft Residential Tenancy Law 200- , a framework for tenant and landlord relations, was published for consultation on 29th April 2008 proposing improved security of tenure for tenants and a means of introducing a deposit scheme.

The Consultation Findings Report has now been issued, and a conclusion drawn that a compulsory, agency-led custodial deposit scheme is the preferred model for deposit protection - because of its potential swiftness as a scheme for mediating, arbitrating, and returning monies and resolving disputes, and its dedicated, specialised nature. As part of the 2008 Jersey Annual Social Survey, 3,500 people are presently being asked their views on these issues. The results of this will published in January 2009, and at that point, a final decision will be made as to how to proceed.

In the meantime, discussions have begun with agencies who may be able to operate a deposit scheme, and with the Law Draftsman, in preparation for the likely introduction of a deposit protection scheme under the Residential Tenancy Law 200-. Furthermore, as these proposals have been developed, close contact has been maintained with the Citizens Advice Bureau.

Members are strongly urged to reject this projet, and instead permit the open and thorough process outlined above to be completed.

Thereon, the Residential Tenancy (Jersey) Law 200- will be lodged for debate early in 2009, and a Regulation under that Law for the establishment of a scheme to protect deposits and resolve disputes will likely be lodged later in 2009.