Rental deposits (FOI)

​Request

Since November 2015 it has been a requirement that landlords of private tenants lodge any deposits obtained from their tenants with the only Government authorised tenancy deposit protection scheme, administered by Mydeposits Jersey, within 30 days of agreeing either a new lease or a lease renewal and

Also, since October 2014 it has been a requirement that landlords of private tenants provide the tenant with a Condition Report, within 7 days of agreeing either a new lease or a lease renewal.

Please would you provide replies to the following queries in regard to the above?

A

What is the maximum penalty for breaking each of these laws as there appears to be a somewhat unclear situation prevailing in that organisations such as the Citizens Advice Bureau and a number of legal firms state the potential fine to be “up to £2,000” yet each law actually states a “Level 3” fine being, I am given to understand, up to £10,000?

B

To date, how many valid complaints of none compliance with the law, through failure on the part of a landlord as required, have been raised?

C

How many, if any, of those have resulted in charges against a landlord being brought?

D

How many, if any, of those have resulted in a landlord being required to appear in Court?

E

How many, if any, of those have resulted in a Conviction?

F

How many, if any, fines have been levied by the Court, as a result of such Conviction?

G

What, if anything, has been the highest fine levied?

H

What, if anything, has been the lowest fine levied?

I

What, if anything, has been the average fine levied?

J

What other sanctions, if any, including, say, official Cautions or Suspended Sentences, have resulted from a Conviction?

K

What, if anything, has been the most severe sentence levied?

Response

A

The maximum fine for any offence committed under the Residential Tenancy (Jersey) Law 2011 – including the 2014 Condition Reports Order and the 2014 Tenancy Deposit Scheme Regulations – is level 3 on the standard scale. A level 3 fine is currently set at £10,000.

B

The responsibility for the administration of the Residential Tenancy (Jersey) Law 2011 and subordinate legislation has been delegated by the Minister for Children and Housing to Environmental Health. Since Environmental Health took on the responsibility, including enforcement activities, it has received an increasing number of tenant complaints.

Each case is different and covers a wide range of issues relating to rented accommodation, for example property conditions, terms and conditions of leases, and tenancy deposit protection. In these cases, officers will work with landlords and tenants to achieve a satisfactory conclusion to ensure compliance with the relevant legislation.

Information relating to the nature of individual issues is not held so it is not possible to say whether the cases relate specifically to tenancy deposit protection or condition reports. However, the total number of complaints received by Environmental Health in relation to residential rented accommodation are as follows:

C

There have not been any cases where charges against a landlord have been brought for an alleged breach of the Residential Tenancy (Jersey) Law 2011 and subordinate legislation.

D

There have not been any cases where a landlord has been required to appear in Court for an alleged breach of the Residential Tenancy (Jersey) Law 2011 and subordinate legislation.

E

There have not been any convictions under the Residential Tenancy (Jersey) Law 2011 and subordinate legislation.

F

The Court has not levied any fines.

G to I

 Not applicable – see response F above 

J

Less than five cases where a deposit that has not been protected in the tenancy deposit scheme have been referred to a Parish Hall Enquiry.

K

The cases referred to a Parish Hall Enquiry have resulted in written warnings being issued to the landlords who did not protect tenancy deposit money.