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A decision made (13/07/2009) regarding: Comment on P.74/2009 - Amendment to Draft Tenancy Law.

Decision Reference: MD-H-2009-0065
Decision Summary Title :	Draft Residential Tenancy (Jersey) Law 200- Comment on Amendment		Date of Decision Summary:	9 July 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- Comment on Amendment		Date of Written Report:	9 July 2009
Written Report Author:	Policy Officer, Population Office		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Comment on Draft Residential Tenancy (Jersey) Law 200- (P74/2009): Amendment lodged by Deputy J.A.N. Le Fondré
Decision(s): The Housing Minister, having considered the amendment lodged by Deputy Le Fondré recommends that it be rejected.
Reason(s) for Decision: Schedule 2, Paragraph 2 of the draft law requires a landlord to act reasonably, even in so far as structural changes are concerned, if the agreement does not preclude structural changes when referring to a requirement for consent. This amendment would mean that a landlord should have the right to unreasonably refuse consent to a tenant who wishes to make any structural changes to the landlord’s property. Arguably, a property owner should be able to do whatsoever they wish with their property, especially in regard to structural matters. However, they are entering into commercial relationships and providing a home to another resident, perhaps for prolonged periods of time. The Law, as proposed, would appear to afford sufficient opportunities to the landlord to specifically protect his interests, including the ability to rule out structural changes in the agreement at the outset, and indeed the ability to give notice. On the grounds that sufficient opportunities are retained for landlords, and that tenants have the right to expect reasonable responses when dealing with their landlords, the Housing Minister does not support this request.
Resource Implications: There are no financial or manpower implications arising from this response to the proposed amendment.
Action required: The Population Office Project Officer to liaise with the Greffier of the States regarding the lodging of the Comment and ask him to lodge it ‘au Greffe’ before 14th July 2009.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):