Residential Tenancy (Jersey) Law 2011 (Appointed Day) Act 201-

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 6 February 2013:

Decision Reference: MD-H-2013-0008
Decision Summary Title :	Residential Tenancy (Jersey) Law 2011 (Appointed Day) Act 201 -		Date of Decision Summary:	30 January 2013
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	Policy Principal
Written Report Title :	Residential Tenancy (Jersey) Law 2011 (Appointed Day) Act 201 -		Date of Written Report:	30 January 2013
Written Report Author:	Policy Principal and Law Draftsman		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Residential Tenancy (Jersey) Law 2011 (Appointed Day) Act 201 -
Decision(s): The Minister approved the draft Residential Tenancy (Jersey) Law 2011 (Appointed Day) Act 201- The States by Act of 14 July 2009 adopted the Residential Tenancy (Jersey) Law 200- a law which was designed to provide a modern framework of principles and which provided a legal basis of the development of fair, transparent, well-regulated agreements between landlord and tenant. Unfortunately, the Law was not sanctioned by the Privy Council until November 2011, a delay caused when Ministry of Justice legal advisers queried whether some of the provisions were entirely compatible with the Human Rights Convention. Consequential amendments to the principal Law were adopted by the States on 11 September 2012, sanctioned by the Privy Council on 7 November 2012 and registered in the Royal Court on 23 November 2012. The minister at the time opined that this law was a major piece of social policy legislation that would benefit all those who live within rented accommodation. The purpose of the law was to set out basic rights and responsibilities of both landlords and tenants when entering tenancy agreements. Furthermore, the introduction of the Control of Housing & Work (Jersey) Law 2012 would afford protection to unqualified tenants who would now have the right for a lease agreement. The minister recalled that the key features of the new law included: new clear notice periods; a landlord would be required to give his tenants three months notice, whereas a tenant would have to give one month. Basic requirements for all tenancy agreements, e.g. who the rent was to be paid to and its frequency; how much the deposit was; when the rent was to be reviewed; contact details, property condition reports etc. The Law required the landlord 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 the agreement so that he or she could seek advice as to its contents. Court processes to be followed in cases of breach or eviction were clearly outlined, including grounds for stays of eviction. In addition, and by regulation, the minister would be able to establish a tenant deposit scheme to protect deposits that tenants gave to private landlords and the means by which disputes would be resolved and monies returned.
Reason(s) for Decision: The purpose of the this Act was to bring the Residential Tenancy (Jersey) Law 2011 into force effective from 1 May 2013
Resource Implications: Financial: NIL Manpower: NIL
Action required: The draft Appointed Day Act to be forwarded to the Greffier of the States with a request to make arrangements for the draft Act to be lodged ‘au Greffe’ for debate at the earliest opportunity. The Chief Minister’s Department to prepare the necessary guidance notes for members of the general public and key stakeholders (e.g. The Citizen’s Advice Bureau, Housing Trusts and major Letting Agents etc).
Signature:		Position: Minister for Housing
Date Signed:		Date of Decision (If different from Date Signed):