Residential Tenancy (Jersey)
Law 2011
A LAW to make more detailed provision about residential tenancies of
9 years or less; and for other purposes.
Commencement [see endnotes]
PART 1
interpretation
and application
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“breach” includes failure to comply;
“Court” means the Petty Debts Court;
“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;
“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;
“period” means, in relation to a residential tenancy,
the recurrent interval (if any) on the basis of which the tenancy runs (for
example a week in relation to a residential tenancy that is weekly or runs from
week to week);
“rent” means a sum payable by a tenant under a
residential tenancy agreement in respect of a period, or the term, of the
residential tenancy under the agreement;
“residential tenancy” means the
right to occupy a residential unit under a residential tenancy agreement;
“residential tenancy agreement”
means an agreement –
(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
(c) for a
specified term of 9 years or less, or without a specified term;
“residential unit” has the
meaning set out in Article 2;
“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.[1]
(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.[2]
(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.[3]
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;
(c) a
kitchen;
(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;
(c) any
part of an educational institution, or of a hospital, hospice, nursing home,
shelter, or residential home;
(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,
being residential tenancy agreements that –
(i) are
made after the commencement of this Article, or
(ii) though
made before that commencement, are varied or renewed after that commencement.
(2) The continuation of a residential
tenancy, or of a residential tenancy agreement (either in a case where any
specified term of the tenancy has expired or in a case where there is no
specified term) by tacit reconduction shall not, for the purposes of this Law,
constitute a making, variation, or renewal, of a residential tenancy agreement.
(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;
(c) it or
another agreement purports to exclude or limit the operation of this Law; or
(d) it fails
to comply with Article 4(1).
(4) Despite paragraphs (2)
and (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 Nursing and Residential Homes
(Jersey) Law 1994 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.
PART 2
CONTENT OF AGREEMENTS
4 Essential
provisions in agreements
(1) A residential tenancy
agreement, as made, varied or renewed, shall –
(a) be in
writing;
(b) signed
by or on behalf of the parties to the agreement;
(c) set
out the details specified in Schedule 1 as that Schedule is in force at
the date of the making, variation or renewal (as the case requires) of the
agreement; and
(d) set out
provisions to the effect of those specified in Schedule 2 as that Schedule
is in force at that date.
(2) The provisions specified
in Schedule 2 (as that Schedule is in force at that date) shall be taken
to form part of the agreement (as made, varied or renewed) even if the
agreement fails to set them out or purports to limit or exclude their
application to the agreement.
(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
TERMINATION OF PERIODIC TENANCIES
6 Periodic
tenancy: requirement by landlord to quit
(1) This Article applies to
a residential tenancy under which the tenant occupies a residential unit on the
basis of a recurrent period, either in a case where any specified term of the
tenancy has expired or in a case where there is no specified term.
(2) A landlord shall not,
except by a requirement that is in accordance with this Article, require a
tenant to quit the residential unit that the tenant has occupied under a
residential tenancy to which they are both parties and to which this Article
applies.
(3) A requirement is in
accordance with this Article if it is –
(a) in
writing;
(b) signed
by or on behalf of the landlord;
(c) in
the case where the Minister has by Order prescribed a form for such a
requirement, in such form;
(d) served
on the tenant; and
(e) so
served at least 3 months (or, where Minister has by Order prescribed some other
period, being a period of not less than one month, that other period instead)
before it is to take effect.[4]
(4) A residential tenancy to
which this Article applies shall terminate when a requirement that is in
accordance with this Article takes effect.
(5) For the avoidance of
doubt, it is hereby declared that a period prescribed for the purposes of
paragraph (3)(e) may be so prescribed generally or in relation to
particular classes of cases (including differently in relation to different
classes of cases).
7 Periodic
tenancy: notice by tenant to terminate
(1) This Article applies to
a residential tenancy under which the tenant occupies a residential unit on the
basis of a recurrent period, either in a case where any specified term of the
tenancy has expired or in a case where there is no specified term.
(2) A residential tenancy
to which this Article applies shall terminate according to notice given by the
tenant to the landlord if the notice is in accordance with this Article.
(3) A notice is in
accordance with this Article if it is –
(a) notice
by the tenant;
(b) notice
that makes it clear that the tenant is terminating the tenancy;
(c) in
writing;
(d) signed
by or on behalf of the tenant;
(e) served
on the landlord; and
(f) so
served at least 1 month (or, where the Minister has by Order prescribed
some other period, that other period instead) before it is to take effect.[5]
(4) For the avoidance of
doubt, it is hereby declared that a period prescribed for the purposes of
paragraph (3)(f) may be so prescribed generally or in relation to
particular classes of cases (including differently in relation to different
classes of cases).
PART 3A[6]
PART 4
REMEDIES
8 Termination
if service element fails, agreement not in writing, details missing or
opportunity to read denied
(1) If a residential
tenancy agreement contains provisions about –
(a) the provision
of labour or other services;
(b) employment;
(c) the
letting of movables;
(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.
(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 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.
(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 or renewal of the
agreement) before the person who is to be (or is) the tenant signs the
agreement (or variation or renewal).
(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 or as renewed) if
in all the circumstances the Court considers it just to do so.
(6) In this Article, “working
day” means a day other than Christmas Day or Good Friday, and other than
a Saturday, Sunday or bank holiday.
9 Premises
uninhabitable
If a residential unit that is the subject of a residential tenancy
agreement becomes uninhabitable through any event other than a malicious act of
the tenant –
(a) the tenant is not
required to pay any rent or other amount payable under the agreement in respect
of any time during which the residential unit is uninhabitable; and
(b) the Court may, on the
application of the landlord or tenant, make an order varying or terminating the
agreement if in all the circumstances the Court considers it just to do so.
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 Eviction
where failure to give vacant possession
The Court may, on application by a landlord under a residential
tenancy agreement, order the eviction of the tenant if the Court is satisfied that
the tenant has failed to give vacant possession of the residential unit to
which the agreement applies and that the residential
tenancy has terminated.
12 Termination
and eviction where failure to rectify breach
(1) Except in accordance
with this Article, a breach by the tenant of a residential tenancy agreement
shall not of itself cause, or give grounds for, the avoidance or termination of
the agreement, notwithstanding any law or the agreement itself.
(2) A landlord under a
residential tenancy agreement may apply to the Court for an order for the
termination of the agreement and the eviction of the tenant if –
(a) the
tenant has breached one or more provisions of the agreement;
(b) the
tenant has been served with notice to cease the conduct that constitutes the
breach, or to take reasonable steps within 7 days after the service to rectify
the breach, or to do both those things; and
(c) the
tenant has failed to comply with the notice.
(3) This Article does not
depend for its operation on the service on the tenant of a notice to quit.
(4) The Court may order the
termination of the agreement and the eviction of the tenant if satisfied of the
matters set out in paragraph (2)(a) to (c) and that the breach is
sufficiently serious to warrant termination and eviction.
13 Execution
of order for eviction[7]
(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
(c) no
such order has been made in respect of the property,
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 5
JURISDICTION AND PROCEEDINGS
14 Stay
of eviction
(1) The Court may, of its
own accord or on application by a party to a hearing under Article 11 or
12, 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.
(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 shall
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.
(2) The Court may consider
the following matters before deciding whether to order the stay –
(a) whether
the residential tenancy was for a fixed term and whether that term has expired;
(b) whether
other accommodation is available to the tenant;
(c) whether
the tenant has looked for other accommodation;
(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 the residential unit for immoral or illegal purposes or has
caused or permitted its use for immoral or illegal purposes;
(g) whether
the tenant has caused or permitted a nuisance in the residential unit or caused
or permitted any interference with the reasonable peace, comfort or privacy of
any neighbour of the tenant;
(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.
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.
(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.[8]
(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.[9]
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[10]
(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.[11]
(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
19 Documents
to be provided to tenant
(1) The landlord under a
residential tenancy agreement shall serve on the tenant under the agreement a
copy of the agreement as made, varied, or renewed (as the case requires), as
soon as reasonably practicable after the residential tenancy agreement, or an
agreement for its variation or renewal, has been signed by or on behalf of the
parties to the agreement.
(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
service (and content) of notices or other documents under this Law other than
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;
(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;
(m) requiring fees
to be paid under this Law;
(n) the
amounts and payment of those fees.[12]
(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.
(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;
(c) create
an offence punishable by a penalty not exceeding level 3 on the standard scale;
(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);
(c) limiting
the requiring or giving of deposits or imposing limits on their amounts;
(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;
(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.[13]
(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.[14]
(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.[15]
(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;
(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.
(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.[16]
(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.
25 Citation
This Law may be cited as the Residential Tenancy (Jersey)
Law 2011.