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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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):

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

MD-H-2013-0008

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

Report

Overview

The States by Act of 14 July 2009 adopted the Residential Tenancy (Jersey) Law 2011 a law which was designed to provide a modern framework of principles and which provided a legal basis for the development of fair, transparent, well-regulated tenancy agreements between landlord and tenant.

The Law was not sanctioned by the Privy Council until 16 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. Having further considered these matters, the Law Officers’ Department agreed with the assessment. It was therefore subsequently agreed with the Ministry of Justice that the principal Law could be submitted for Royal sanction, but some fairly minor amendments would be made, on human rights compatibility grounds, to some provisions regarding notice periods and eviction processes, and that the provisions affected would not be brought into force before having been amended. 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 principal Law shall come into force on such day or days as the States may by Act appoint.

Background

For many years concern had been raised over the lack of clarity and public understanding concerning the legal position that landlords and tenants had in Jersey law. In the 1990s’ two working parties were established to seek to address the issue. Subsequent to the report of the first working party in 1993, the Dwelling Houses (Rent Control) (Standard Tenancy Agreement) (Jersey) Regulations 1993 were introduced, which set out a standard form of agreement, which if used, exempted landlords from rent control. A second working party set up by the former Housing Committee in 1996, looked at issues surrounding eviction procedures and security of tenure for tenants. The working party considered current legislation, however both applicable laws are short, written in French and not easily interpreted or understood without legal advice. Even though both laws remain in force Jersey society and the Jersey housing market have changed considerably [1]. The working party’s key proposals listed those principles it considered should be included in any agreement.

In 2002, Senator C Stein lodged proposals requesting that the States agree to 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.

In April 2008 a White Paper entitled “Draft Residential Tenancy (Jersey) Law 200-: Consultation Report” was released, for public consultation. It was proposed that one Law should deal with key issues affecting landlords and tenants entering into residential tenancy agreements.

The Residential Tenancy (Jersey) Law 2011 achieves this, for it defines the essential provisions required of a tenancy agreement and it brings into the one Law the notice and eviction procedures currently dealt with across various pieces of legislation. It is intended that subordinate legislation will be introduced shortly to introduce a tenant deposit scheme, the compulsory use of conditions reports and other pertinent matters.

Furthermore, the draft Control of Housing & Work (Residential and Employment Status) (Jersey) Regulations 201 -, lodged “au Greffe” on 11 January 2013 (P.2/2013) will, amongst other benefits, give Registered Tenants the same security of tenure and tenancy rights as other tenants.

Financial and manpower implications

Financial and manpower implications for the States in connection with the Residential Tenancy (Jersey) Law 2011 are expected to be minimal, as this Law will introduce a framework for landlord and tenant relations without requiring any additional States administrative function.

Explanatory Note

The object of this Act is to bring the entire Residential Tenancy (Jersey) Law 2011 into force on 1st May 2013.

◊	Draft 2 – 30 January 2013	Page - 1
	File No. 1018/7

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

Made [date to be inserted]

Coming into force [date to be inserted]

THE STATES, in pursuance of Article 26(2) of the Residential Tenancy (Jersey) Law 2011, have made the following Act –

1 Residential Tenancy (Jersey) Law 2011 comes into force

The Residential Tenancy (Jersey) Law 2011 shall come into force on 1st May 2013.

2 Citation

This Act may be cited as the Residential Tenancy (Jersey) Law 2011 (Appointed Day) Act 201-.

[1] “Loi (1919) sur la location de biens-fonds”2 as amended (in which distinctions as to notice periods are dependent on rental value, type and size of property); and the “Loi (1946) concernant l’expulsion des locataires réfractaires” as amended.