“deposit”, in respect of a residential tenancy agreement, means a payment of money intended to be held (by the landlord or otherwise) as security for, or for guaranteeing or ensuring –

(a) the performance of any obligation of the tenant; or

(b) the discharge of any liability of the tenant,

arising under or in connection with the residential tenancy agreement;

“initial term” means an initial specified term for which a residential tenancy is granted (after which the tenancy ends only if the required notice is given under Article 6C), if any;

“Jersey Appointments Commission” means the Commission established by Article 17 of the Employment of States of Jersey Employees (Jersey) Law 2005;

“landlord” means, in relation to a residential unit, residential tenancy or residential tenancy agreement, the person who grants the right to occupy the residential unit that is the subject of the residential tenancy under the residential tenancy agreement;

“Minister” means the Minister for Housing;

“money” means money whether in the form of cash or otherwise;

“periodic tenancy” means a residential tenancy covered by Article 6(2) (that is not granted for an initial term or that continues after an initial term);

“reason” means a reason for which a landlord may end a residential tenancy, as defined in Article 6G;

“rent” means a sum payable by a tenant under a residential tenancy agreement in respect of a period of the residential tenancy under the agreement;

“Rent Tribunal” means the Tribunal established by Article 13A;

“residential tenancy” means the right to occupy a residential unit under a residential tenancy agreement;

“residential tenancy agreement” means an agreement that is –

(a) for the exclusive occupation, by one or more natural persons who are party to the agreement, of a residential unit as a dwelling;

(b) for value; and

“residential unit” has the meaning set out in Article 2;

“social rented housing” means a residential unit –

(a) that may be occupied under a residential tenancy only by people who are eligible under the policy on renting social housing that is published by the Minister; and

(b) for which the amount of rent must comply with a policy on social housing rents that is published by the Minister;

“States’ employee” has the meaning given in Article 2 of the Employment of States of Jersey Employees (Jersey) Law 2005;

“tenant” means, in relation to a residential unit, residential tenancy or residential tenancy agreement, the person who has the right to occupy the residential unit that is the subject of the residential tenancy under the residential tenancy agreement;

“total duration” means the total consecutive duration for which the same tenant has a residential tenancy of the same residential unit, whether during 1 or both of –

(a) an initial term; and

(b) a periodic tenancy;

“working day” means a day other than –

(a) a Saturday, a Sunday, Good Friday or Christmas Day; or

(b) a public holiday or bank holiday under Article 2 of the Public Holidays and Bank Holidays (Jersey) Law 1951;

“writing” includes writing in an electronic form.[2]

(2) A reference in this Law to a landlord includes –

(a) a landlord’s heirs, executors, administrators and assigns; and

(b) a person acting on behalf of a landlord in respect of a residential tenancy or residential tenancy agreement.[3]

(3) A reference in this Law to a tenant includes –

(a) a tenant’s heirs, executors, administrators and assigns; and

(b) a person acting on behalf of a tenant in respect of a residential tenancy or residential tenancy agreement.[4]

2 Premises to which this Law applies

(1) In this Law, “residential unit” means a self-contained dwelling, that is, a dwelling that has, for the exclusive use of the inhabitants of the dwelling, a minimum of all of the following, whether or not in separate rooms –

(a) a shower or bath (or other facility, no less convenient than those, in which a person may wash);

(b) a washbasin;

(d) a sleeping space; and

(e) a lavatory.

(2) For the purposes of paragraph (1), the fact that a dwelling has (or is associated with the use of) a garden, a swimming pool, a parking space, a garage or other space or facility does not make the dwelling any less a residential unit.

(3) For the purposes of paragraph (1), any of the following parts of premises is not a residential unit unless used solely as a place of residence by a person employed on the premises –

(a) any part of a hotel;

(b) any part of premises ordinarily used for holiday purposes;

(d) any part of a club offering sleeping accommodation to its members.

3 Agreements to which this Law applies

(1) This Law applies only in respect of –

(a) residential tenancy agreements; and

(b) residential tenancies under residential tenancy agreements.[5]

(2) [6]

(3) For the purposes of this Law, an agreement is no less a residential tenancy agreement just because –

(a) it is partly or wholly implied, or partly or wholly oral;

(b) it contains provisions that are additional to those required for the creation of a residential tenancy;

(d) it fails to comply with Article 4(1).

(4) Despite paragraph (3), this Law does not apply to a residential tenancy agreement –

(a) if the agreement has been made in good faith for the sale or purchase of a residential unit and the tenant is a party to that agreement;

(b) if the agreement is a residence contract for the occupation of a residential unit within any premises to which the Regulation of Care (Jersey) Law 2014 applies;

(c) if, under the agreement, the occupier of a residential unit occupies it only as a boarder, lodger or other licensee; or

(d) if the agreement is made in good faith for the purpose of giving a person a right to occupy a residential unit (not being premises ordinarily used for holiday purposes) for not more than 3 months for the purpose of a holiday.[7]

PART 2

CONTENT OF AGREEMENTS

4 Essential provisions in agreements

(1) A residential tenancy agreement, as made or varied, must –

(a) be in writing;

(b) be signed by or on behalf of the parties to the agreement;

(d) set out the provisions that are specified in Schedule 2 when the agreement is made or varied.[8]

(2) The provisions that are specified in Schedule 2 when an agreement is made or varied are treated as part of the agreement even if the agreement –

(a) does not set them out; or

(b) purports to limit or exclude them.[9]

(3) To the extent of any inconsistency between those provisions and the purported provisions of the agreement, the purported provisions shall be void.

5 Other provisions in agreements

The parties to a residential tenancy agreement are not prevented by Article 4 from including provisions in the agreement that are not inconsistent with the provisions set out in Schedule 2.

PART 3[10]

Granting and ending tenancies

6 Tenancy granted for initial term or as periodic tenancy

(1) If a residential tenancy is granted, it must be granted –

(a) for an initial term of 3 years or less; or

(b) as a periodic tenancy.

(2) A residential tenancy is a periodic tenancy if –

(a) it is not granted for an initial term; or

(b) it was granted for an initial term but the term ended without the tenancy being ended by notice under Article 6C.

(3) A tenant’s residential tenancy cannot be granted or varied so that –

(a) a further specified term starts after their initial term ends unless, between those terms, their residential tenancy for the initial term has ended and –

(i) they have given vacant possession of the residential unit for a significant period; or

(ii) another tenant has a residential tenancy of the residential unit;

(b) their periodic tenancy ends and their tenancy for a specified term starts; or

(4) If a residential tenancy is purportedly granted for an initial term of more than 3 years, the initial term is treated as being 3 years.

(5) A residential tenancy cannot be granted, created or extended by reconduction tacite.

6A Tenancy may be ended only as provided

(1) The landlord or the tenant –

(a) may end a residential tenancy only in accordance with a provision in Articles 6C to 6F;

(b) may choose which provision to use if 2 or more apply; and

(c) if the other has given notice to end the tenancy on a particular day, may end the tenancy earlier if allowed by another provision.

(2) But also –

(a) the landlord and the tenant may agree to end the tenancy under Article 20; or

(b) the landlord or the tenant may apply to have the Court end the tenancy under Article 8, 10 or 16.

6B Giving notice to end tenancy

(1) A written notice to end a residential tenancy (given by the landlord or the tenant) must comply with the Article under which it is given, this Article and Article 18A.

(2) The written notice must –

(a) state that the residential tenancy is to end;

(b) specify the Article under which the notice is given;

(d) specify the final day of the tenancy, or state how the final day is calculated (for example, an emailed notice received by a tenant on 10 June, with a 1-month notice period, may end the tenancy at the end of the day on 10 July because of Article 18A);

(e) if the notice is given under Article 6D, specify the requirements that the notice-giver must satisfy under Article 6D(b) for the tenancy to end; and

(f) if on paper, be signed and dated by the notice-giver.

6C Landlord or tenant can give notice to end tenancy when initial term ends

(1) If a residential tenancy has an initial term, the tenancy ends when the term ends only if a written notice to end the tenancy is given –

(a) by the landlord to the tenant at least 3 months before the end of the term; or

(b) by the tenant to the landlord at least 1 month before the end of the term.

(2) The initial term is extended if the landlord or the tenant gives the notice –

(a) after their deadline under paragraph (1); but

(b) before the term was to end.

(3) In that case, the extended term and the tenancy end –

(a) 3 months after the notice is given, if given by the landlord; or

(b) 1 month after the notice is given, if given by the tenant.

(4) But the tenancy continues as a periodic tenancy under Article 6(2)(b) after the initial term ends if –

(a) the landlord and the tenant agree to that, even if a notice is given under this Article after they agree; or

(b) no notice is given under this Article.

6D How landlord or tenant ends tenancy by notice, without reason, during initial term

If a residential tenancy has an initial term, the term may be ended early (without giving a reason) if –

(a) either –

(i) the landlord gives the tenant at least 3 months’ written notice; or

(ii) the tenant gives the landlord at least 1 month’s written notice; and

(b) the notice-giver satisfies the requirements set out in the residential tenancy agreement under paragraph 12 of Schedule 1.

6E How landlord or tenant ends tenancy by notice, without reason, during periodic tenancy

A periodic tenancy may be ended (without giving a reason) by –

(a) the landlord giving the tenant at least 1 year’s written notice; or

(b) the tenant giving the landlord at least 1 month’s written notice.

6F How landlord ends tenancy by notice, for certain reasons, during initial term or periodic tenancy

(1) The landlord may end a residential tenancy for a certain reason during an initial term, or during a periodic tenancy, by giving the tenant written notice of at least the specified period, as follows –

Reason		Initial term	Periodic tenancy
(a)	sale or change of use	Not applicable	3 or 6 months
(b)	renovation	Not applicable	3 or 6 months
(c)	use by landlord or family	Not applicable	3 or 6 months
(d)	use by landlord’s helper	Not applicable	3 or 6 months
(e)	under-occupied social rented housing	3 months	3 or 6 months
(f)	tenant’s residential status	3 months	3 months
(g)	serious breach of tenancy agreement	1 month	1 month
(h)	uninhabitable residence	1 month	1 month
(i)	breach of ownership document	1 month	1 month
(j)	breach of insurance policy	1 month	1 month
(k)	residence left empty	1 month	1 month
(l)	tenant’s work	7 days	7 days
(m)	tenant’s work permit or visa	7 days	7 days
(n)	tenant’s illegality or nuisance	7 days	7 days
(o)	tenant’s residential status from incorrect information	7 days	7 days

(2) If the specified period is “3 or 6 months”, the period is –

(a) 3 months if the total duration of the tenant’s residential tenancy is less than 5 years; or

(b) 6 months if the total duration is 5 years or more.

6G Reasons for landlord to end tenancy

(1) This Article defines the reasons for which a landlord may end a residential tenancy under Article 6F.

(2) The reasons are –

(a) “sale or change of use”, meaning that the landlord needs the residential unit to be empty because they –

(i) intend to sell it; or

(ii) have planning permission to change its use under the Planning and Building (Jersey) Law 2002;

(b) “renovation”, meaning that the landlord needs the residential unit to be empty because –

(i) they intend to renovate or carry out other building work on the unit; and

(ii) the tenant could not reasonably live in the unit during the building work;

(c) “use by landlord or family”, meaning that the landlord intends to occupy, or have a family member occupy, the residential unit for at least 6 months;

(d) “use by landlord’s helper”, meaning that –

(i) the landlord intends to have a carer, housekeeper or other helper occupy the residential unit for at least 6 months;

(ii) the residential unit is near where the landlord lives; and

(iii) the type and regularity of the help requires the helper to live near the landlord;

(e) “under-occupied social rented housing”, meaning that –

(i) the residential unit is social rented housing that is assessed as having more bedrooms than the tenant needs under the policy on renting social housing that is published by the Minister; and

(ii) the landlord has tried reasonably to help the tenant arrange a residential tenancy that meets their needs;

(f) “tenant’s residential status”, meaning that the tenant is prohibited by Article 17 of the Control of Housing and Work (Jersey) Law 2012 from occupying the residential unit because of –

(i) their residential and employment status under that Law; or

(ii) the residential unit’s housing category under that Law;

(g) “serious breach of tenancy agreement”, meaning that –

(i) the tenant has breached the residential tenancy agreement in a way that is sufficiently serious to justify the landlord ending the tenancy; and

(ii) the landlord has given written notice under paragraph (3) but the tenant has not corrected the breach as requested by the notice;

(h) “uninhabitable residence”, meaning that an authorised person decides that something has caused a residential unit to become uninhabitable under Article 9(1);

(i) “breach of ownership document”, meaning that –

(i) the tenant’s conduct has caused the landlord to breach an ownership document in relation to their residential unit; and

(ii) the landlord has given written notice under paragraph (3) but the tenant has not corrected the breach as requested by the notice;

(j) “breach of insurance policy”, meaning that –

(i) the tenant’s conduct has caused the landlord to breach their insurance policy for the residential unit; and

(ii) the landlord has given written notice under paragraph (3) but the tenant has not corrected the breach as requested by the notice;

(k) “residence left empty”, meaning that –

(i) no one has occupied the residential unit for at least 2 months, or another period specified in the residential tenancy agreement;

(ii) the landlord has not given written approval for the unit to remain empty; and

(iii) the landlord reasonably believes that the unit will remain empty for a significant period unless the tenancy is ended;

(l) “tenant’s work”, meaning that –

(i) the landlord granted the residential tenancy to the tenant in connection with certain work performed by the tenant (whether or not the landlord directly employs the tenant); and

(ii) the tenant’s performance of the work has ended or been ended, or the tenancy will be ended under this Law before the work ends, in accordance with the 1 or more contracts and enactments relating to performance of the work;

(m) “tenant’s work permit or visa”, meaning that, for the tenant to work in Jersey, 1 or both of the following are required but have not been obtained or applied for –

(i) a work permit under the Immigration (Work Permits) (Jersey) Rules 1995;

(ii) leave to enter or remain in Jersey, a visa or another authorisation under the Immigration (Jersey) Order 2021;

(n) “tenant’s illegality or nuisance”, meaning that the tenant –

(i) has used, or caused or permitted the use of, the residential unit for illegal purposes; or

(ii) has caused or permitted –

(A) a repeated or serious nuisance in the residential unit; or

(B) interference with the reasonable peace, comfort or privacy of a neighbour of the residential unit; and

(o) “tenant’s residential status from incorrect information”, meaning that the tenant is prohibited by Article 17 of the Control of Housing and Work (Jersey) Law 2012 from occupying the residential unit because of a change in their residential and employment status that resulted from their provision of incorrect information under that Law.

(3) A landlord’s written notice under this paragraph must ask the tenant to correct the breach by –

(a) stopping certain activity immediately; or

(b) doing something to correct the breach within 7 days (or a specified longer period) after receiving the notice.

(4) In this Article –

“family member”, of a person, means –

(a) their spouse or civil partner, or another person with whom they live as partner in an enduring relationship and have done so for at least 2 years (“spouse or partner”);

(b) their child, or someone who lives with them as if their child, or their parent, sister, brother, grandparent or grandchild, including for a step or half relationship (“relative”);

(d) the spouse or partner of their relative or of their spouse’s or partner’s relative;

“ownership document”, for a landlord’s residential unit, means a document relating to their ownership or leasehold of the unit, including –

(a) a lease under which they hold the unit in leasehold;

(b) a déclaration under the Loi (1991) sur la copropriété des immeubles bâtis (for ownership in flying freehold); or

PART 3A[11]

Restrictions on rent increases, and providing rent information

7A Restrictions on rent increases during total duration

(1) This Article applies to the rent payable during the total duration of a residential tenancy.

(2) The rent must not be increased unless the day on which the increase starts is at least –

(a) 1 year after the day on which the rent was last set or increased; and

(b) 2 months after the day on which the landlord gives the tenant written notice of the increased rent (“notice date”).

(3) The rent must not be increased by more than the annual increase in RPI.

(4) But different restrictions on rent increases may apply under Articles 7B to 7D.

(5) In this Article, “annual increase in RPI” means –

(a) the percentage increase in the Retail Prices Index during the previous 12 months as most recently published by the Chief Statistician before the notice date; or

(b) 0% if there was a percentage decrease in the Retail Prices Index during that period.

7B Different restrictions on rent increases for certain landlord employers

The restrictions in Article 7A(2) and (3) (on the minimum period before, and the amount of, a rent increase) do not apply if –

(a) there is a residential tenancy between a landlord employer and their tenant employee;

(b) the landlord deducts the rent from the employee’s salary or wages; and

(c) the rent per week is increased to no more than the maximum monetary amount specified for each week in Article 3A(3) of the Employment (Minimum Wage) (Jersey) Order 2007 (the monetary amount that may be attributed to the employer’s provision of living accommodation as a benefit in kind).

7C Different restrictions on rent increases for certain social rented housing

The restrictions in Article 7A(2) and (3) (on the minimum period before, and the amount of, a rent increase) do not apply if –

(a) the residential unit is a landlord’s social rented housing; and

(b) the Minister has given the landlord written notice of the following for all of the landlord’s social rented housing, after agreeing the matters with the landlord –

(i) a minimum period that replaces the minimum period in Article 7A(2); and

(ii) a limit on the amount of a rent increase that replaces the limit in Article 7A(3).

7D Different limit on amount of rent increase for certain improvements or market rent

(1) The limit in Article 7A(3) (on the amount of a rent increase) does not apply if –

(a) a reason for an exception applies; and

(b) the landlord’s written notice of the increased rent –

(i) states that the rent is increased by more than the limit in Article 7A(3);

(ii) specifies the reason for the exception and the basis under paragraph (3) for the replacement limit; and

(iii) if paragraph (4) applies, states that the Rent Tribunal has decided on the reason for the exception and the replacement limit, and specifies the amount of the replacement limit.

(2) A reason for an exception is that –

(a) the residential unit has been improved to the tenant’s benefit; or

(b) the rent has fallen significantly below the rent expected for a new residential tenancy of that type of residential unit (the “market rent”).

(3) Instead, the limit is replaced by the amount by which the rent could reasonably be expected to increase –

(a) because of the improvements, if paragraph (2)(a) applies; or

(b) to equal the market rent, if paragraph (2)(b) applies.

(4) If this paragraph is applied by Regulations, this Article has effect only if, on written application by the landlord, the Rent Tribunal –

(a) decides that a reason for an exception applies; and

(b) decides on the amount of the replacement limit.

7E Tenant may apply to Rent Tribunal for decision on rent increase

(1) The Rent Tribunal may decide whether a proposed increase in the rent payable under a residential tenancy complies with this Law.

(2) The decision may be made only on written application by the tenant by the following deadline –

(a) within 2 months and 2 weeks after the notice date under Article 7A(2)(b); or

(b) a later deadline set by the Tribunal if its chair is satisfied that the tenant could not meet the earlier deadline because of exceptional circumstances.

(3) If the Tribunal decides that the increase complies with this Law, the increase has effect as from the day on which it is, or was, to start.

(4) If the Tribunal decides that the increase does not comply with this Law –

(a) the increase has no effect; and

(b) the Tribunal may also decide that the rent is instead increased –

(i) by a specified amount that complies with this Law and is no more than the increase proposed by the landlord; and

(ii) starting on a specified date that would comply with this Law if it were specified in the landlord’s notice given under Article 7A(2)(b).

7F Rent payments if Tribunal decides after start of rent increase

(1) This Article applies if –

(a) the tenant has applied to the Rent Tribunal under Article 7E on any grounds (in relation to a proposed rent increase); and

(b) the Tribunal has not decided on the increase by the date on which it would start.

(2) The tenant may continue to pay the rent that was payable before the increase, while the Tribunal has not decided on the increase, unless paragraph (3) applies (which generally applies if the grounds relate to the amount of the increase).

(3) The tenant may pay the rent that would be payable if it were increased to the limit in Article 7A(3), while the Tribunal has not decided on the increase, if –

(a) the tenant’s only grounds are that the increase does not comply with that limit;

(b) the increase does not depend on Article 7B or 7C (applying a different limit); and

(c) for an increase that depends on Article 7D (applying a different limit), it was notified by a notice that complied with Articles 7A(2) and 7D(1)(b).

(4) But in either case, once the Tribunal decides, its decision must be given effect by –

(a) the tenant paying any extra amount that is owed; or

(b) the landlord repaying any amount that was overpaid.

7G Landlords must provide rent information

(1) A landlord must provide the Minister with the information required by Order (“rent information”) that –

(a) relates to the rent payable under each of their residential tenancies, including information about each residential unit; and

(b) is required for the purpose of –

(i) informing the Minister about the market for residential tenancies and rent amounts; and

(ii) allowing the Minister to provide information to the Rent Tribunal.

(2) The landlord must provide the rent information at the times, and in the way, specified by Order.

(3) The Minister may provide any rent information, or information derived from it, to the Rent Tribunal.

(4) A landlord commits an offence if –

(a) without reasonable excuse, they fail to provide the Minister with rent information; or

(b) they knowingly or recklessly provide the Minister with rent information that is false or misleading.

(5) The landlord is liable to a fine of level 2 on the standard scale.

PART 4

REMEDIES

8 Termination if agreement element fails, agreement not in writing, details missing or opportunity to read denied[12]

(1) If a residential tenancy agreement contains provisions about –

(a)

(b)

(d) the letting of any immovable property for business purposes (other than any business purpose that is implicit in the letting or sub-letting of a residential unit for use simply as a dwelling); or

(e) the letting or use of a garden, a swimming pool, a parking space, a garage or other space or facility,

or there is another agreement that purports to make fulfilment of any of those matters a term or condition of the residential tenancy agreement or purports to make the latter dependent on the fulfilment of any of those matters, and the matter becomes impossible to fulfil, the residential tenancy agreement shall not to be taken to have been frustrated or to be at an end just because of that impossibility.[13]

(2) However, in the case of such impossibility, the Court may on the application of a party to the residential tenancy agreement make an order varying or terminating the residential tenancy agreement if in all the circumstances the Court considers it just to do so.

(3) If a residential tenancy agreement is not in writing, is not signed by or on behalf of the parties to the agreement or fails to contain the details specified in Schedule 1, the Court may, on the application of a party to the agreement, make an order varying or terminating the agreement, or requiring the agreement to be set out in writing and signed by or on behalf of the parties, if in all the circumstances the Court considers it just to do so.[14]

(4) A person who is to be (or is) the landlord under a residential tenancy agreement shall allow the person who is to be (or is) the tenant under the agreement at least one working day in which to read the agreement (or any variation of the agreement) before the person who is to be (or is) the tenant signs the agreement (or variation).[15]

(5) If the person who is to be (or is) the landlord does not do so, the Court may on application by the person who is to be (or is) the tenant make an order varying or terminating the agreement (or agreement as varied) if in all the circumstances the Court considers it just to do so.[16]

(6) [17]

9 Residence uninhabitable[18]

(1) This Article applies if an employee or representative of the following who is authorised to do so (“authorised person”) decides that something has caused a residential unit to become uninhabitable –

(a) the residential unit’s insurer;

(b) the States of Jersey Fire and Rescue Service; or

(2) The tenant is not liable to pay any rent or other amount that is otherwise payable under the residential tenancy agreement for the affected period unless –

(a) the cause is the intentional or reckless conduct of the tenant; or

(b) the landlord and the tenant have agreed that the landlord will provide the tenant with other appropriate accommodation until the affected period ends.

(3) Paragraph (4) applies if –

(a) the cause is the intentional or reckless conduct of the tenant; and

(b) the tenant has paid any rent or other amount that was payable under the residential tenancy agreement for any part of the affected period.

(4) The landlord need not repay the amount unless required by an order of the Court (for example, if the Court finds that the amount exceeds the cost of the damage caused by the tenant).

(5) This Article does not prevent or affect a review of rent during the affected period.

(6) In this Article, the “affected period” –

(a) starts on the day on which –

(i) the residential unit became uninhabitable, if that day is known; or

(ii) the authorised person made their decision under paragraph (1), otherwise; and

(b) ends when –

(i) the residential unit becomes inhabitable again; or

(ii) the residential tenancy ends, if that is earlier.

10 Breaches by landlord

(1) A landlord shall not, without lawful reason, prevent a tenant from occupying the whole or any part of a residential unit that is the subject of a residential tenancy agreement to which they are both parties, or otherwise interfere with the tenant’s enjoyment of the residential unit, being enjoyment that is not inconsistent with the agreement.

(2) A person who contravenes paragraph (1) shall be guilty of an offence and liable to a fine.

(3) Any contravention of paragraph (1) shall, for the purposes of Article 16, be taken to be a breach of the residential tenancy agreement.

(4) In the case of such a contravention, the Court may on application by the tenant make an order varying or terminating the agreement if in all the circumstances the Court considers it just to do so.

11 Order for eviction of tenant[19]

(1) A landlord may apply to the Court for an order to evict the tenant from their residential unit.

(2) The Court may order the eviction if it is satisfied that –

(a) the residential tenancy has ended; and

(b) the tenant has not given vacant possession of the residential unit.

(3) The Court must order the eviction if it is satisfied –

(a) of the matters under paragraph (2); and

(b) that the landlord ended the residential tenancy under Article 6F for any of the following reasons –

(i) sale or change of use;

(ii) renovation;

(iii) use by landlord or family;

(iv) use by landlord’s helper;

(v) tenant’s residential status;

(vi) tenant’s work;

(vii) tenant’s work permit or visa; or

(viii) tenant’s residential status from incorrect information.

12 [20]

13 Execution of order for eviction[21]

(1) If the Court orders the eviction of a tenant under this Law and does not stay the execution of the order, the Viscount shall execute that order by going to the residential unit that is the subject of the order and putting the landlord in possession of the residential unit.

(2) The Court may, when it makes an order under this Law for the eviction of a tenant from a residential unit or after making such an order, make an order to one or more of the following effects –

(a) that the Viscount may, for the purpose of executing the order for eviction or for the purpose of removing movable property as referred to in paragraph (3), enter the residential unit;

(b) that the Viscount may use reasonable force if necessary in order to make that entry;

(c) that the landlord, or the tenant, under the relevant residential tenancy agreement (or both of them) shall be liable to pay the reasonable expenses incurred by the Viscount in performing the Viscount’s functions under this Article.

(3) If –

(a) the tenant does not, at or before the time when the landlord is put in possession, remove the tenant’s movable property from the residential unit;

(b) the tenant has not entered into any agreement with the landlord about disposal of that property;

(c) the landlord has not applied for an order under Article 1 of the Loi (1867) sur la Cour pour le recouvrement de menues dettes in respect of the property; and

(d) no such order has been made in respect of the property,

the Viscount may remove the property and keep it in any place that the Viscount thinks fit.

(4) If –

(a) the evicted tenant has not within 15 days after that removal –

(i) (except to the extent that an order under paragraph (2)(c) makes the landlord liable for those expenses) tendered to the Viscount payment of the reasonable expenses incurred in performing the Viscount’s functions under this Article, and

(ii) claimed and removed the movable property from the place referred to in paragraph (3);

(b) the landlord has not applied for an order under Article 1 of the Loi (1867) sur la Cour pour le recouvrement de menues dettes in respect of the property; and

the Viscount may dispose of the property.

(5) Such disposal shall be carried out –

(a) by taking reasonable steps to sell any part of the property that has a realizable value; or

(b) by any other means in the case of any other part of the property.

(6) The Viscount may (except to the extent that an order under paragraph (2)(c) makes the landlord liable for those expenses) retain from the proceeds of any such sale the Viscount’s reasonable expenses incurred in performing the Viscount’s functions under this Article.

(7) The Viscount shall take reasonable steps to pay to the evicted tenant any balance of the proceeds of such a sale.

(8) However, if, after taking those steps, the Viscount has been unable to pay the balance to the tenant, the Viscount shall pay the balance to the consolidated fund.

Part 4A[22]

Rent Tribunal

13A Rent Tribunal established

The Rent Tribunal is established once its initial members are appointed.

13B Appointment of members

(1) The States Assembly may, if recommended by the Minister, do 1 or both of the following –

(a) appoint a new member of the Rent Tribunal;

(b) appoint the new member as the chair or the deputy chair of the Tribunal.

(2) There must be no fewer than 3 members, of whom –

(a) 1 must be the chair; and

(b) 1 must be the deputy chair.

(3) The Minister must recommend people for appointment but, before recommending a person –

(a) must consult the Jersey Appointments Commission and consider its recommendations; and

(b) must be satisfied that the person is qualified for the position.

(4) A person is “qualified for the position” if –

(a) they have appropriate experience in matters of housing and residential tenancies and are otherwise suitable for the position;

(b) they are ordinarily resident in Jersey;

(i) a member of the States, meaning a person listed in Article 2(1) of the States of Jersey Law 2005;

(ii) a States’ employee; or

(iii) the holder of an office listed in Schedule 1 to the Employment of States of Jersey Employees (Jersey) Law 2005; and

(d) for the chair or the deputy chair, they have a law degree or similar qualification from a university or other institution, as approved by the Judicial Greffier, unless this requirement is excluded by Regulations.

13C Appointment’s duration and reappointment of member

(1) A member of the Rent Tribunal may be appointed or reappointed for 3 years or less each time, as long as the combined duration of their membership is 9 years or less.

(2) Only the Minister may –

(a) reappoint a member; or

(b) appoint a reappointed member as the chair or the deputy chair.

(3) Before reappointing a member, the Minister –

(a) must consult the Jersey Appointments Commission and consider its recommendations; and

(b) must be satisfied that the person remains qualified for the position under Article 13B(4).

13D Member’s oath or affirmation

(1) A member of the Rent Tribunal must take an oath, or make an affirmation, before the Royal Court that they will carry out their functions well and faithfully.

(2) The member must do so –

(a) before first acting as a member; and

(b) before being reappointed as a member.

13E Ending membership

A person stops being a member of the Rent Tribunal only if –

(a) they resign by giving written notice to the Minister;

(b) they die;

(d) they stop being qualified for the position under any of Article 13B(4)(b) to (d);

(e) they have a delegate appointed for them under Part 4 of the Capacity and Self-Determination (Jersey) Law 2016;

(f) they are liable to be detained, or are subject to guardianship, under the Mental Health (Jersey) Law 2016;

(g) they have not performed their functions, and have not attended meetings of the Rent Tribunal, for at least 2 months without the prior consent of the Minister;

(h) they do not take the oath, or make the affirmation, under Article 13D within a reasonable time after their appointment; or

(i) the Royal Court removes them on being satisfied that they neglected their functions or misconducted themselves.

13F Deputy chair and secretary of Tribunal

(1) The deputy chair may act as the chair of the Rent Tribunal only when the chair is not able to.

(2) The Judicial Greffier –

(a) must act as the Tribunal’s secretary; but

(b) may delegate all or part of that function to an officer of the Judicial Greffe.

13G Decision-making

(1) A quorum of the chair and 2 other members is required for the Rent Tribunal –

(a) to proceed with a sitting, whether a hearing or otherwise; or

(b) to make a decision.

(2) The Tribunal decides by simple majority and, if there is no majority, the chair has a casting vote.

13H Jurisdiction and appeals

(1) The Rent Tribunal has exclusive original jurisdiction over a matter that it may decide under –

(a) Article 7E; or

(b) Article 7D(4), if applicable.

(2) The Tribunal’s decision may be appealed but only –

(a) on a point of law;

(b) to the Royal Court (Inferior Number); and

(i) leave of the Tribunal that is applied for within 28 days after the day on which the decision was made, or by a later deadline set by the Tribunal that, in all the circumstances, it considers to be just; or

(ii) if leave is not granted by the Tribunal, leave of the Royal Court that is applied for within the period required by its rules of court.

(3) The person who applies for, or is granted, leave to appeal against a decision of the Tribunal may also apply to stay the execution of the decision until leave to appeal can no longer be granted or the appeal is finally determined.

(4) On appeal, the Royal Court may –

(a) affirm the decision; or

(b) cancel the decision and –

(i) decide the matter itself; or

(ii) require the Tribunal to reconsider the matter.

(5) The power to make rules of court under Article 13 of the Royal Court (Jersey) Law 1948 –

(a) applies as if the Rent Tribunal were a court; but

(b) is subject to this Part.

13I Sittings generally public

(1) The Rent Tribunal must hold its sittings (whether a hearing or otherwise) in public.

(2) But the Tribunal must hold a sitting in private –

(a) if the chair is satisfied that there are good reasons to do so; or

(b) if required by Order.

13J Publication of decisions

(1) The Rent Tribunal may publish a report of its decision on any particular proceedings, even if its sittings were held in private.

(2) But the Tribunal must not publish a report if the chair is satisfied that there are good reasons not to.

13K Preparation of annual report

(1) The Rent Tribunal must, within 4 months after the end of each calendar year –

(a) prepare a report for the calendar year; and

(b) provide a copy of the report to the Minister.

(2) The report must –

(a) summarise the Tribunal’s activities; and

(b) summarise the outcomes of the Tribunal’s decisions but without disclosing information that would identify a party to its proceedings.

(3) The Minister must present a copy of the report to the States Assembly as soon as reasonably practicable after receiving it.

13L Interests of members

(1) This Article applies if there is a matter before the Rent Tribunal in which a member has an interest that is –

(a) personal or financial, whether direct or indirect; and

(b) not merely an interest as a member of the public.

(2) The member, as soon as practicable after the matter or interest arises –

(a) must disclose their interest to the other members of the Tribunal; and

(b) must not be involved in any decision or sitting to which the matter relates unless their interest is an indirect financial interest that is marginal.

(3) In this Article –

(a) a member has an indirect financial interest if, for example –

(i) the member or their nominee is a partner, adviser, member or employee of an entity; and

(ii) the entity is, or is associated with, a party to the proceedings that involve the matter;

(b) an indirect financial interest is marginal only if it is a beneficial interest in an entity’s securities whose nominal value is 1/1000th or less of the total nominal value of the entity’s issued share capital; and

(4) A member commits an offence if they breach paragraph (2) without reasonable excuse.

(5) The member is liable to a fine of level 3 on the standard scale.

13M Disclosure of information by members

(1) A member of the Rent Tribunal, or a person acting for it, must not disclose any document or other information that –

(a) relates to a person’s activities or circumstances; and

(b) they acquire in carrying out their functions.

(2) But they may disclose the document or information –

(a) with the consent of –

(i) the person to whom the document or information relates; and

(ii) if different, the person who provided the document or information; or

(b) so far as it is necessary –

(i) to enable them to carry out their functions;

(ii) in the interests of the investigation, detection, prevention or prosecution of an offence; or

(iii) to comply with a court order.

(3) A person commits an offence if they knowingly or recklessly breach paragraphs (1) and (2).

(4) The person is liable to a fine of level 3 on the standard scale.

13N Liability of members and secretary

A member or the secretary of the Rent Tribunal is not liable in damages for an act in carrying out, or purporting to carry out, their functions unless –

(a) their act is in bad faith; or

(b) they are liable because the act is unlawful under Article 7(1) of the Human Rights (Jersey) Law 2000.

13O Remuneration of members and payment of expenses

(1) The members of the Rent Tribunal must be –

(a) paid the remuneration that is set by, or calculated in accordance with, an Order; and

(b) repaid for their reasonable expenses.

(2) The consolidated fund must be used to –

(a) make those payments; and

(b) pay the expenses for the administration of the Rent Tribunal.

13P Powers for proceedings

(1) The Rent Tribunal has the same powers, rights and privileges as the Royal Court in relation to –

(a) the attendance, oaths and affirmations or examination of witnesses;

(b) the production and inspection of documents and other information; and

(2) The Tribunal may, as part of those powers, rights and privileges –

(a) issue a summons requiring a person –

(i) to appear at a specified hearing;

(ii) to testify to a relevant matter that they know about; and

(iii) to provide a relevant document or information that they have or control;

(b) administer oaths and affirmations and examine people;

(c) ask a question of a party to proceedings and require them to answer, in writing and by a specified time, if the Tribunal considers that the answer –

(i) may help to clarify an issue likely to arise for decision in the proceedings; or

(ii) is likely to help to progress the proceedings if available before a sitting; or

(d) infer adversely from a person’s failure, without reasonable excuse, to do anything that the Tribunal requires.

(3) But a person need not give a document or other information to the Tribunal if it may incriminate them.

13Q Offences in dealing with Tribunal

(1) A person commits an offence if, without reasonable excuse, they act in relation to the Tribunal in a way that would be contempt of court if the Tribunal were the Royal Court.

(2) The person is liable to imprisonment for a term of 6 months and to a fine of level 3 on the standard scale.

PART 5

Court’s jurisdiction AND PROCEEDINGS[23]

14 Stay of eviction

(1) The Court may, of its own accord or on application by a party to a hearing under Article 11, by order stay the execution of an eviction order that the Court has made under that Article until a specified condition is satisfied or a specified period has passed.[24]

(2) If the Court stays the execution of an eviction order, it may make the order for the stay subject to conditions as to the review and variation of rent payable under the tenancy and any other conditions that it considers just in all the circumstances.

(3) The Court may impose those conditions at the time when it orders the stay or in accordance with paragraph (4).

(4) The Court may, on application by the landlord or tenant, by order vary, revoke or impose conditions on the order for the stay from time to time while the order for the stay is in force.

(5) A condition to which an order for a stay under this Article is made subject cannot be a condition that would, if a residential tenancy agreement were subject to the condition, be void because of this Law nor a condition whose inclusion in a residential tenancy agreement would be in breach of this Law.

15 Matters to be considered in deciding on stay

(1) The Court must consider the following matters before deciding whether to exercise its powers under Article 14 in relation to a residential tenancy under a residential tenancy agreement –

(a) whether there is still rent that remains unpaid under the residential tenancy;

(b) whether the landlord or the tenant has breached any provision of the agreement;

(c) whether the landlord or the tenant has continued or repeated the breach or has not taken reasonable steps to rectify the breach;

(d) if a stay were ordered, where the balance of hardship would fall as between the landlord and the tenant;

(e) the landlord’s reason for ending the tenancy, if the eviction was ordered under Article 11(3).[25]

(2) The Court may consider the following matters before deciding whether to order the stay –

(a) whether the residential tenancy was granted for an initial term and whether the tenancy has ended after notice was given under Article 6C;

(aa) the landlord’s reason for ending the residential tenancy, if the tenancy was ended by the landlord under Article 6F;

(b) whether other accommodation is available to the tenant;

(d) whether a deposit has been paid in respect of the residential tenancy by the tenant;

(e) whether there is a contract in force concerning movables in the residential unit that is the subject of the residential tenancy (or a contract in some way made in contemplation of or in connection with the tenancy or having the tenancy or the residential tenancy agreement as cause), being a contract between the tenant and the landlord, between the landlord and another person or between the tenant and another person;

(f) whether the tenant has used, or caused or permitted the use of, the residential unit for illegal purposes;

(g) whether the tenant has caused or permitted –

(i) a repeated or serious nuisance in the residential unit; or

(ii) interference with the reasonable peace, comfort or privacy of a neighbour of the residential unit;

(h) whether the condition of the residential unit has deteriorated, or been maintained or improved, during the tenancy, and whether that change is attributable to the conduct of the tenant or to conduct caused or permitted by the tenant;

(i) whether the tenant has given notice to terminate the residential tenancy agreement (or has agreed to the termination of that agreement) and the landlord has acted in reliance on that fact, so that a failure to obtain vacant possession of the residential unit would seriously disadvantage the landlord;

(j) whether, in a more general way, vacant possession of the residential unit could reasonably be expected to benefit or disadvantage the landlord;

(k) the pattern of evictions in other residential units let by the landlord;

(l) whether the residential unit is dangerous to, or bad for the health of, its occupants or of the public;

(m) whether rectification of any matter referred to in sub-paragraph (l) would be easier if the residential unit were vacant;

(n) whether hardship would be caused to persons other than the landlord and the tenant if the stay were not ordered;

(o) such other matters as the Court considers relevant.[26]

16 Jurisdiction

(1) The Court shall have exclusive original jurisdiction over any matter relating to a residential tenancy or to a residential tenancy agreement, and shall have power to hear and determine any such matter and to make orders relating to any such matter, including orders for the termination of a residential tenancy agreement.

(1A) But the Court has no jurisdiction over a matter for which the Rent Tribunal has jurisdiction under Article 13H(1).[27]

(2) The Court may –

(a) in relation to a residential tenancy or a residential tenancy agreement; and

(b) if satisfied that it would in all the circumstances be just to do so,

make an order –

(i) as to arrears of rent, repayment of rent, or repayment of any deposit, relating to the residential tenancy or the residential tenancy agreement,

(ia) modifying the wording, or application, of any expression of time as it applies to the residential tenancy or the residential tenancy agreement, being an expression that is prescribed by any provision of this Law or by any provision made under this Law,

(ib) dispensing with any requirement for notice that applies in relation to the residential tenancy or the residential tenancy agreement, being a requirement that is prescribed by any provision of this Law or by any provision made under this Law,

(ii) for damages for any breach of the residential tenancy agreement or of a contract in some way made in contemplation of or in connection with the tenancy or having the tenancy or the residential tenancy agreement as cause, or

(iii) generally adjusting the rights between the parties to any such agreement or contract.[28]

(3) Paragraph (2) shall have effect whether or not the order, or the effect of the order, referred to in that paragraph had been mentioned in the application, summons or other instrument by which the matter came before the Court.

(4) The jurisdiction of the Court with respect to residential tenancies or to residential tenancy agreements shall not be subject to the monetary limitations (whether on the matters that the Court may hear or on the orders that the Court may make) that apply, under Article 1 of the Petty Debts Court (Miscellaneous Provisions) (Jersey) Law 2000, to the jurisdiction of the Court in other matters.

(5) Nothing in this Article shall be taken to confer jurisdiction in criminal matters on the Court.[29]

17 Appeals

(1) A party to proceedings before the Court in respect of a residential tenancy or residential tenancy agreement may, with the leave of the Court or of the Royal Court, appeal to the Royal Court against any decision, determination, or order, of the Court.

(2) In the case of such an appeal that concerns wholly or partly an order for eviction, the Court or the Royal Court may order the stay of the execution of that order pending the Royal Court’s hearing of the appeal and judgment on the appeal.

18 Control of Housing and Work Law and other enactments[30]

(1) Nothing in this Law shall affect the operation of, or requires or permits a court to make, an order that would require or permit the occupation of premises in breach of the Control of Housing and Work (Jersey) Law 2012 or the Planning and Building (Jersey) Law 2002.[31]

(2) Nothing in this Law shall affect the operation of the Building Loans (Jersey) Law 1950, of the Separation and Maintenance Orders (Jersey) Law 1953 or of any Regulations made under the Agriculture (Loans and Guarantees) (Jersey) Law 1974.

(3) Paragraph (1) is included only for the avoidance of doubt.

PART 6

MISCELLANEOUS

18A Notices: receipt date and notice period[32]

(1) A written notice given under this Law is treated as being received –

(a) if sent electronically, in accordance with Article 6 of the Electronic Communications (Jersey) Law 2000;

(b) if given in person, on the day on which it is given;

(d) if sent by post otherwise, on the second working day after it is sent.

(2) If a written notice must be given at least a certain period before it ends a residential tenancy, that period starts at the end of the day on which the notice is received.

18B Amounts may be recovered as civil debt[33]

The person to whom an amount must be paid or repaid under this Law may apply to the Court to recover the amount as a civil debt.

19 Documents to be provided to tenant

(1) The landlord under a residential tenancy agreement must give the tenant a copy of the agreement as made or varied, as soon as reasonably practicable after the residential tenancy agreement, or an agreement for its variation, has been signed by or on behalf of the parties to the agreement.[34]

(2) The landlord under a residential tenancy agreement shall provide the tenant under the agreement with a receipt for the deposit (if any) paid by the tenant in respect of the residential tenancy as soon as possible after it is paid.

(3) A person who fails to comply with this Article shall be guilty of an offence and liable to a fine of level 3 on the standard scale.

20 Termination by agreement

Nothing in this Law shall prevent the parties to a residential tenancy agreement from terminating it by agreement.

21 Contracting out prohibited

(1) The provisions of this Law shall have effect despite anything to the contrary in any contract, agreement or other arrangement and no residential tenancy agreement (and no other contract, agreement or other arrangement), whether oral or wholly or partly in writing, and whether made or entered into before or after the commencement of this Article shall operate in respect of a residential tenancy agreement to annul, vary or exclude any of the provisions of this Law.

(2) A person shall not enter into any contract, agreement or other arrangement with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Law in respect of a residential tenancy agreement.

(3) A person who contravenes paragraph (2) shall be guilty of an offence and liable to a fine.

22 General provisions as to offences

(1) Where an offence under this Law committed by a limited liability partnership or body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of –

(a) a person who is a partner of the partnership, or director, manager, secretary or other similar officer of the body corporate; or

(b) any person purporting to act in any such capacity,

the person shall also be guilty of the offence and liable in the same manner as the partnership or body corporate to the penalty provided for that offence.

(2) Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

(3) Any person who aids, abets, counsels or procures the commission of an offence under this Law shall also be guilty of an offence and liable in the same manner as a principal offender to the penalty provided for that offence.

23 Orders

(1) The Minister may by Order make provision for the purpose of carrying this Law into effect and, in particular, but without prejudice to the generality of the foregoing, for prescribing any matter that may be prescribed under this Law by Order.

(2) Orders may be made, in particular, for or with respect to the following matters –

(a) requiring the completion by a landlord and a tenant of reports about the condition of a residential unit (including movables that are the property of the landlord and are in a residential unit) at or before the commencement, or at or after the termination, of a residential tenancy that relates to that unit, or at both those times or any other time;

(b) the content of those reports;

(c) requiring the provision of information or documentation to the tenant by the landlord before, at the time of, or after entering into a residential tenancy agreement or at any other time;

(d) the content of that information or documentation;

(e) imposing a maximum charge for the preparation of a residential tenancy agreement or any other matter connected with the preparation of a residential tenancy agreement;

(f) the giving and content of notices or other documents under this Law other than any application, summons, notice or other document that is filed in, or issued from, the Rent Tribunal, the Royal Court or the Court;

(g) requiring the use of a standard form or standard forms of residential tenancy agreement or of other instruments that relate to residential tenancies;

(ga) the content of such form or forms or instruments;

(h) the forms to be used under this Law, other than the form of any application, summons, notice or other document that is filed in the Royal Court or the Court or issued from the Royal Court or the Court;

(i) the status of, rights relating to, and removal and disposal of, movables that a tenant leaves in a residential unit when the tenant leaves the residential unit after the termination of a residential tenancy;

(j) the status of, and rights relating to, and removal of, fixtures and fittings in a residential unit, being a residential unit that has been or is subject to a residential tenancy;

(k) the supply of services under or in relation to residential tenancies or in residential units subject to residential tenancies;

(l) imposing limits on charges for the supply of those services, or otherwise with respect to charges for those services;

(la) requiring rent information to be provided under Article 7G(1) of the type, and for the purpose, specified in that provision (which relates to rent amounts);

(lb) specifying the times at which, and the way in which, the rent information must be provided under Article 7G(2);

(lc) providing for the procedures of the Rent Tribunal in making its decisions or otherwise, including any related time limits;

(ld) requiring the Rent Tribunal to hold certain sittings in private (for the purposes of Article 13I(2)(b));

(le) setting, or providing for the calculation of, the amount or rate of remuneration for a member of the Rent Tribunal (for the purposes of Article 13O(1)(a));

(m) requiring fees to be paid under this Law;

(n) the amounts and payment of those fees.[35]

(3) The reference in paragraph (2)(k) and (l) to the supply of services includes a reference to the supply of electricity, gas, water, drainage and other services, whether those services are re-supplied under the control of the landlord or are supplied in any other way.

(3A) Before making an Order under any of paragraph (2)(lc) to (le), the Minister must consult the Judicial Greffier.[36]

(4) An Order may do any one or more of the following –

(a) authorize any matter or thing to be from time to time determined, applied or regulated by any specified person or body;

(b) exempt from the operation of this Law, or any specified provision of this Law, either unconditionally or subject to conditions –

(i) any person, residential tenancy, residential tenancy agreement or residential unit, or

(ii) any class of persons, class of residential tenancies, class of residential tenancy agreements or class of residential units;

(d) contain such transitional, consequential, incidental or supplementary provisions as appear to the Minister to be necessary or expedient for the purposes of the Order.

24 Regulations

(1) The States may by Regulations make provision for the purpose of carrying this Law into effect and, in particular, but without prejudice to the generality of the foregoing, for or with respect to the following matters –

(a) the requiring or giving of security, guarantees or other things (other than deposits) for the purposes of securing, guaranteeing or ensuring –

(i) the performance of any obligation of the tenant, or

(ii) the discharge of any liability of the tenant,

arising under or in connection with a residential tenancy agreement;

(b) restricting or prohibiting the requiring or giving of anything (other than deposits) referred to in sub-paragraph (a);

(d) enabling the Minister, or any person appointed by the Minister, to set up and administer a scheme for the safe-keeping or investment of deposits paid in respect of residential tenancies;

(e) enabling the person administering such a scheme to determine the rules for its operation;

(f) making it an offence –

(i) for a landlord not to pay a deposit into such a scheme, or

(ii) for a landlord or tenant to do anything, in relation to a residential tenancy or a residential tenancy agreement, that is not in compliance with the rules of such a scheme;

(g) the investment of funds of such a scheme;

(h) the use of the interest on any such investment;

(i) requiring the operation of such a scheme, the use of the funds in such a scheme, and such a scheme generally, to be in accordance with directions given by the Minister to the person administering such a scheme;

(j) requiring the payment of fees in relation to payments into or out of such a scheme, or generally in relation to such a scheme, those fees being in amounts that the Minister prescribes by Order;

(k) the recovery of deposits paid into such a scheme by persons entitled to those deposits;

(l) the resolution of disputes as to deposits, whether by conferring jurisdiction on the Court in relation to those disputes or enabling other means of dispute resolution, or both;

(la) amending Article 6F or 6G to add, remove or change –

(i) a reason for which a landlord may end a residential tenancy during an initial term or a periodic tenancy, and the specified period of the written notice, in Article 6F; or

(ii) a reason for which a landlord may end a residential tenancy, as defined in Article 6G;

(lb) amending Article 7B, 7C or 7D, or inserting or deleting a provision, to add, remove or change –

(i) the circumstances in which a restriction in Article 7A(2) or (3) (on the minimum period before, or the amount of, a rent increase) does not apply; and

(ii) any other restriction that applies instead;

(lc) applying Article 7D(4) (so that certain exceptions to the limit on rent increases are determined by the Rent Tribunal);

(ld) excluding the requirement in Article 13B(4)(d) (for the chair and the deputy chair of the Tribunal to have a qualification in law);

(le) amending, inserting or deleting any provisions of this Law that relate to the Rent Tribunal to change anything relating to the following aspects of the Tribunal –

(i) its composition, the appointment of its members and the ending of membership;

(ii) its decision-making and procedures;

(iii) its functions, its powers, rights and privileges and its jurisdiction;

(iv) its name;

(lf) providing for the Minister to appoint a States’ employee as an officer for certain purposes (“authorised officer”);

(lg) granting to authorised officers powers to investigate whether a person has committed an offence or a civil penalty breach under this Law, including related powers –

(i) to require a person to provide a document or other information relating to a residential tenancy, or the 1 or more residential tenancies for which the person is the landlord or managing agent;

(ii) to enter a residential unit, a place of business or another place at any reasonable time with reasonable notice or under a warrant issued on reasonable grounds;

(iii) to enter along with another person or equipment required for the investigation;

(iv) to measure, photograph or record anything required for the investigation; or

(v) to take and copy a document or other information that the officer is given or discovers by investigation;

(m) the giving of notice for the purposes of this Law or for the purposes of any Regulations made under this Law;

(n) making provision of a saving or transitional nature consequent on the enactment of this Law.[37]

(1AA)Before lodging a proposition containing draft Regulations to be made under paragraph (1)(ld), the Minister must consult the Judicial Greffier.[38]

(1A) Except to the extent that the States by Regulations otherwise provide, a deposit paid into a scheme referred to in paragraph (1) shall not be available to pay (whether in full or in part) any debts or expenses, or to discharge (whether in full or in part) any other liability or obligation, of the person administering the scheme.[39]

(1B) The Minister may, by Order, exempt from the operation of any Regulations made under this Article, or of any specified provision of those Regulations, either unconditionally or subject to conditions –

(a) any person, deposit, residential tenancy, residential tenancy agreement or residential unit; or

(b) any class of persons, class of deposits, class of residential tenancies, class of residential tenancy agreements or class of residential units.[40]

(2) The States may, by Regulations, amend Part 1, Schedule 1 or Schedule 2.

(3) Regulations may do any one or more of the following –

(a) authorize any matter or thing to be from time to time determined, applied or regulated by any specified person or body;

(b) create an offence punishable by a penalty not exceeding level 3 on the standard scale, and provide for the offence in the Regulations themselves or by amending this Law;

(ba) provide that a specified breach under this Law or a residential tenancy agreement is a civil penalty breach, for which –

(i) an authorised officer (see paragraph (1)(lf)) may give the person in breach a notice imposing a civil penalty;

(ii) the maximum amount of a civil penalty is £1,000;

(iii) the amount of the civil penalty is specified in the Regulations, calculated in accordance with the Regulations or set by the authorised officer in accordance with the Regulations; and

(iv) the civil penalty must be paid, within a specified period, to an authorised officer who must then pay it into the consolidated fund;

(bb) provide for anything relating to civil penalty breaches, such as –

(i) specifying criteria for giving a notice;

(ii) providing for a notice of proposed civil penalty;

(iii) setting deadlines for giving notices; or

(iv) providing for a right to appeal against the imposition of a civil penalty;

(c) contain such transitional, consequential, incidental or supplementary provisions as appear to the States to be necessary or expedient for the purposes of the Regulations.[41]

(4) A provision of Regulations that make provision of a saving or transitional nature consequent on the enactment of this Law may, if the Regulations so provide, come into force on the day on which paragraph (5) comes into force or on a later day.[42]

(5) To the extent to which any such provision comes into force on a date that is earlier than the date of its promulgation, the provision shall not operate so as –

(a) to affect, in a manner prejudicial to any person (other than the States or an administration of the States), the rights of that person existing before the date of its promulgation; or

(b) to impose liabilities on any person (other than the States or an administration of the States) in respect of anything done or omitted to be done before the date of its promulgation.

24A Transitional provisions[43]

Schedule 3 provides for the transition that occurs when amendments to this Law come into force.

25 Citation

This Law may be cited as the Residential Tenancy (Jersey) Law 2011.

Schedule 1[44]

(Article 4(1)(c))

what an AGREEMENT must specify

1. A description sufficient to identify the residential unit that is the subject of the residential tenancy agreement.

2. The date when the residential tenancy commences.

3. That the tenancy has an initial term, and either the length of the term or the date on which it ends, or that the tenancy is a periodic tenancy.

4. The name of the landlord and, if there is one, the managing agent.

5. The following information for the landlord or, if there is one, the managing agent –

(a) their business address;

(b) their daytime and out-of-hours telephone numbers for the tenant to communicate a concern or complaint or to use in an emergency.

6. The rent payable under the agreement and its frequency of payment.

7. The name of the person to whom the rent is to be paid.

8. How the rent is to be paid.

9. The amount of any deposit or guarantee in respect of the residential tenancy, and how and when any deposit is to be repaid.

10. When the rent is to be reviewed (if at all) and the basis of the review.

11. An inventory of the movables in the residential unit to the extent that the movables are the property of the landlord.

12. If there is an initial term, 1 or more requirements that the following must satisfy to end the residential tenancy under Article 6D (ending tenancy early without giving a reason) during the initial term –

(a) a notice-giver who is the landlord;

(b) a notice-giver who is the tenant.

For example, a single requirement might require that both the landlord and the tenant do not end the residential tenancy under Article 6D until at least 1 year after the tenancy started.

13. Who must do the following for each service (such as electricity, gas, water or drainage) that is available at the residential unit –

(a) arrange its supply;

(b) pay for the supply;

14. Who must maintain and repair the landlord’s fixtures, fittings and movable property (such as furnishings and electrical appliances) that are included with the residential tenancy.

15. The landlord’s obligations under an ownership document or insurance policy that could be breached because of the tenant’s conduct, for the purposes of Article 6G(2)(i) and (j).

Schedule 2[45]

(Article 4(1)(d))

provisionS that an agreement must contain

1. The tenant may detach and remove anything that the tenant has fixed to the residential unit, subject to the tenant’s making good any damage caused by the tenant’s so doing.

2. To the extent that the residential tenancy agreement (or another agreement between the landlord and the tenant) requires the tenant to obtain the landlord’s consent before the tenant does something in respect of the residential unit, that consent shall not be unreasonably withheld or delayed by the landlord.

3. The tenant is not required to purchase any fixtures, fittings, or movable property in general, in, for, or in respect of, the residential unit.

4. The tenant is not required to pay any premium, or key money, in respect of the residential unit.

5. The landlord must, for the total duration of the residential tenancy, insure the residential unit for any risk, loss or damage for which it can reasonably be insured, such as damage caused by fire, storm, flood or subsidence.

6. If the tenant pays to the landlord or their managing agent any rent or other amount that is not payable under the residential tenancy, the landlord must repay the amount within 10 working days after they become aware that the amount was not payable.

But this provision does not apply to an overpayment under Article 3 of the Residential Tenancy (Supply of Services) (Jersey) Order 2013.

7. If the tenant requests a receipt within 5 working days after paying any rent or other amount under the residential tenancy, the landlord must give them a written receipt for the payment within 5 working days after receiving the request.

Schedule 3[46]

(Article 24A)

Transitional provisions

1 Interpretation

In this Schedule –

“2025 amendments” means the amendments made to this Law by the Residential Tenancy (Jersey) Amendment Law 2025;

“existing tenancy” means a residential tenancy to which this Law applied immediately before the 2025 amendments came into force;

“this Law as amended” means this Law as amended by the 2025 amendments.

2 Existing tenancies for specified term

(1) An existing tenancy for a specified term remains subject to this Law as it was immediately before the 2025 amendments came into force.

(2) But –

(a) the residential tenancy agreement for the existing tenancy cannot be varied or renewed, despite its provisions (instead the parties may enter into a new agreement under this Law as amended that starts after the existing tenancy ends or a periodic tenancy may arise under clause (c));

(b) if the agreement requires that, for the tenancy to end when the specified term ends, notice must be given at least a required period before then, paragraph 3 applies to the giving of that notice; and

(c) if, after the 2025 amendments came into force, the specified term ends and the tenant continues to occupy the residential unit on the basis of a recurrent period, the existing tenancy becomes a periodic tenancy to which this Law as amended applies.

(3) For clarity, it is not a variation to carry out a rent review under the existing tenancy’s agreement.

3 Giving notice to end tenancy when specified term ends

(1) If the notice described in paragraph 2(2)(b) is given as required by the residential tenancy agreement, including at least the required period before the end of the specified term, the tenancy ends when the specified term ends.

(2) Sub-paragraph (3) applies if the notice described in paragraph 2(2)(b) is given as required by the agreement, except that it is given –

(a) less than the required period before the end of the specified term; but

(b) before the end of the specified term.

(3) In that case –

(a) the specified term is extended; and

(b) the extended term and the tenancy end that required period after the notice is given.

(4) For example, if the required period is 3 months (before the end of the specified term) but the tenant gives notice only 2 months before that, the tenancy ends 3 months after the notice is given, so that the specified term is extended by 1 month.

(5) In all cases under this paragraph, once the specified term ends, the tenant cannot continue to occupy the residential unit on the basis of a recurrent period (meaning that paragraph 2(2)(c) does not apply).

4 Existing periodic tenancies

This Law as amended applies to an existing tenancy under which the tenant occupied a residential unit on the basis of a recurrent period, as if it were a periodic tenancy.

5 Existing tenancies that become subject to this Law

If this Law as amended starts to apply to an existing tenancy, Article 4 applies as if the residential tenancy agreement had been varied when this Law as amended started to apply to it.

6 Total duration of existing periodic tenancy includes earlier tenancies

(1) If paragraph 2(2)(c) applies to a tenant’s existing tenancy (for a specified term), the tenancy’s total duration starts when the existing tenancy becomes a periodic tenancy under that provision.

(2) If paragraph 4 applies to a tenant’s existing tenancy (a periodic tenancy), the tenancy’s total duration includes the total consecutive duration of –

(a) that existing tenancy and any specified term after which it became periodic; and

(b) any 1 or more consecutive earlier residential tenancies of the same tenant and residential unit.

(3) But sub-paragraph (2) does not mean that anyone must have done anything before the 2025 amendments came into force.

(4) For clarity, if a residential tenancy is granted under this Law as amended and starts immediately after the same tenant’s existing tenancy for a specified term ended, the new tenancy’s total duration starts when the new tenancy starts.

Endnotes

Table of Legislation History

Legislation	Year and No	Commencement	◦Projet No (where applicable)
Residential Tenancy (Jersey) Law 2011	L.31/2011	1 May 2013 (R&O.35/2013)	P.74/2009
Residential Tenancy (Amendment) (Jersey) Law 2012	L.42/2012	30 November 2012	P.67/2012
Control of Housing and Work (Transitional and Consequential Provisions) (No. 2) (Jersey) Regulations 2013	R&O.72/2013	1 July 2013	P.53/2013
States of Jersey (Minister for International Development and Minister for Children and Housing) (Jersey) Order 2018	R&O.82/2018	21 July 2018
Covid-19 (Residential Tenancy) (Temporary Amendment of Law) (Jersey) Regulations 2020	R&O.42/2020	10 April 2020	P.42/2020
Covid-19 (Amendments – Extension, Suspension and Repeal) (Jersey) Regulations 2020	R&O.115/2020	30 September 2020	P.103/2020
States of Jersey (Minister for Children and Education, Minister for Housing and Communities and Minister for External Relations and Financial Services) (Jersey) Order 2021	R&O.29/2021	2 March 2021
Changes to Ministerial Offices (Jersey) Amendment Order 2024	R&O.10/2024	9.30 a.m. on 27 February 2024
Regulation of Care (Jersey) Amendment Law 2026	L.4/2026	6 April 2026 (R&O.37/2026)	P.57/2025
Residential Tenancy (Jersey) Amendment Law 2025	L.23/2025	15 April 2026 (R&O.29/2026)	P.24/2025

◦Projets available at statesassembly.gov.je

Table of Renumbered Provisions

Original	Current
25	spent, omitted
26(1)	25
26(2)	spent, omitted
Schedule 3	spent, omitted

Table of Endnote References

[1] Long title amended by L.23/2025

[2] Article 1(1) amended by L.42/2012, R&O.82/2018, R&O.29/2021, R&O.10/2024, L.23/2025

[3] Article 1(2) substituted by L.42/2012

[4] Article 1(3) substituted by L.42/2012

[5] Article 3(1) substituted by L.23/2025

[6] Article 3(2) deleted by L.23/2025

[7] Article 3(4) amended by L.4/2026, L.23/2025

[8] Article 4(1) substituted by L.23/2025

[9] Article 4(2) substituted by L.23/2025

[10] Part 3 substituted by L.23/2025

[11] Part 3A (Articles 7A-7G) inserted by R&O.42/2020, deleted by R&O.115/2020, inserted by L.23/2025

[12] Article 8 heading amended by L.23/2025

[13] Article 8(1) amended by L.23/2025

[14] Article 8(3) amended by L.23/2025

[15] Article 8(4) amended by L.23/2025

[16] Article 8(5) amended by L.23/2025

[17] Article 8(6) deleted by L.23/2025

[18] Article 9 substituted by L.23/2025

[19] Article 11 substituted by L.23/2025

[20] Article 12 deleted by L.23/2025

[21] Article 13 substituted by L.42/2012

[22] Part 4A inserted by L.23/2025

[23] Part 5 heading amended by L.23/2025

[24] Article 14(1) amended by L.23/2025

[25] Article 15(1) amended by L.23/2025

[26] Article 15(2) amended by L.23/2025

[27] Article 16(1A) inserted by L.23/2025

[28] Article 16(2) amended by L.42/2012

[29] Article 16(5) added by L.42/2012

[30] Article 18 heading amended by R&O.72/2013

[31] Article 18(1) amended by R&O.72/2013

[32] Article 18A inserted by L.23/2025

[33] Article 18B inserted by L.23/2025

[34] Article 19(1) substituted by L.23/2025

[35] Article 23(2) amended by L.42/2012, L.23/2025

[36] Article 23(3A) inserted by L.23/2025

[37] Article 24(1) substituted by L.42/2012, amended by L.23/2025

[38] Article 24(1AA) inserted by L.23/2025

[39] Article 24(1A) inserted by L.42/2012

[40] Article 24(1B) inserted by L.42/2012

[41] Article 24(3) amended by L.23/2025

[42] Article 24(4) substituted by L.42/2012

[43] Article 24A inserted by L.23/2025

[44] Schedule 1 amended by L.23/2025

[45] Schedule 2 amended by L.23/2025

[46] Schedule 3 inserted by L.23/2025

Page Last Updated: 15 Apr 2026

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