ROYAL COURT OF JERSEY
Court of Jersey and the Petty Debts Court of Jersey
This Practice Direction is issued in respect of
Tenancy Disputes, as defined in the two sets of guidance attached.
The first set of guidance relates to landlords
and tenants of Jersey residential property and was issued by the Minister for
Housing on 21 April 2020 pursuant to Article 7E of the Residential Tenancy (Jersey)
Law 2011 as introduced by the Covid-19 (Residential Tenancy) (Temporary
Amendment of Law) (Jersey) Regulations 2020.
The second attached set of guidance is for landlords and tenants of
Jersey commercial property during the Covid-19 period and presented to the
States on 15 April 2020 by the Minister for Economic Development, Tourism,
Sport and Culture.
sets of guidance address matters which may arise between landlords and tenants
as a consequence of the current public health crisis. Both sets of guidance, whilst voluntary
codes, have been drafted by leading property lawyers and considered in draft
form by the Deputy Bailiff and the Judge of the Petty Debts Court before being
published by Government and were the subject of consultation with a number of
representative bodies in the Island in order to ensure that they fairly
represented both the interests of landlords and tenants. Practice Directions in the Petty Debts Court (for the
purposes of the PDC Rules 2018 i.e. all PDC procedure) are issued by the
Magistrate with the agreement of the Bailiff (PDC R60).
The practice of the
As indicated in both sets of guidance the
Magistrate, as Judge of the Petty Debts Court has published a direction to the
effect that Tenancy Disputes, as defined in both sets of guidance are currently
adjourned. The Royal Court has published
guidance stating it will only determine urgent civil (and certain children and
criminal) cases which would not prima facie include Tenancy Disputes.
The effect of this
Nonetheless there will come a time when the
Courts of Jersey will resume hearing Tenancy Disputes.
When such disputes are determined, the Courts
will have regard to the contents of these sets of guidance and the extent to
which parties have complied or failed to comply with this guidance when
considering what relief to give.
The Court anticipates that all parties to
leases, tenancy agreements and any other agreements covered by these sets of
guidance will adhere to the principles contained within them and the Court will
take into account, until further notice, the contents of the guidance, paying
particular regard to the effect that the public health crisis may have on the
ability of parties to comply with their obligations both during the period of
the crisis and during such period as follows the ending of the crisis but
during which parties are affected by its consequences.
Finally, although the Court will take into
account, in the way set out in this Practice Direction, the contents of the
guidance and the parties’ conduct when exercising such discretions as the Court
may have, the parties’ legal obligations to each other are not varied by the
This Practice Direction will come into force
with immediate effect.
27 April 2020
here for Residential guidance
here for Commercial guidance