Public
Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations 2023
1 Interpretation
In these
Regulations –
“application” means an
application for a licence;
“licence” means a licence
in respect of a rented dwelling issued or renewed under Regulation 3 and, if a
licence is modified as a result of a review or appeal under Regulation 5, means
the licence as modified;
“Law” means the Public Health and Safety
(Rented Dwellings) (Jersey) Law 2018;
“minimum safety standards” means the requirements of Articles 5, 6 and 7 of the Public Health and
Safety (Rented Dwellings – Minimum Standards and Prescribed Hazards) (Jersey)
Order 2018;
“valid application” means
an application –
(a) that complies with the
requirements published under Regulation 2(3)(a) and (b);
(b) in respect of which all
further information required by the Minister in accordance with
Regulation 2(3)(c) is supplied;
(c) that is signed by the
owner of the rented dwelling to which it relates or by a person acting on
behalf of the owner; and
(d) that is accompanied by
the fee (if any) published under Regulation 2(4).
2 Licensing of rented
dwellings
(1) A
person having control of a dwelling to which this Regulation applies must not
allow it to be used as a rented dwelling unless the dwelling is licensed for
use as a rented dwelling by the Minister in accordance with these Regulations.
(2) This
Regulation applies to any part of a dwelling other than –
(a) a registered lodging
house within the meaning of the Lodging Houses
(Registration) (Jersey) Law 1962;
(b) premises registered under
Article 6 of the Tourism
(Jersey) Law 1948;
(c) premises which are used
or intended to be used as a nursing home within the meaning of Article 1A
of the Nursing Homes
(Jersey) Law 1994; or
(d) residential accommodation
that is a care home service, a children’s home service or a residential family
centre service within the meaning of Schedule 1 to the Regulation of Care
(Jersey) Law 2014.
(3) The
Minister must prepare and publish information setting out the following –
(a) the manner in which an
application for a licence is to be made;
(b) the information required
to be contained in the application;
(c) the further information,
if any, the Minister may require in relation to the application.
(4) The
Minister may impose fees for the issue of a licence and, if fees are imposed,
they must be published.
3 Issue of licences
(1) The
Minister must license a dwelling to be used as a rented dwelling if –
(a) the Minister receives a
valid application for a licence in respect of the dwelling; and
(b) the Minister is satisfied
that –
(i) the dwelling meets the minimum safety
standards, and
(ii) there is no prescribed
hazard present in the dwelling.
(2) A
licence –
(a) commences on –
(i) the date specified by the Minister in the
licence, or
(ii) if no date is specified,
the day it is issued; and
(b) expires 2 years
after it commences.
(3) Before
issuing or renewing a licence the Minister may inspect the dwelling.
(4) If,
as a result of an inspection or information provided on an application, the
Minister believes that the dwelling does not meet the minimum safety standards
or that there is a prescribed hazard present in the dwelling, the Minister
must –
(a) refuse to issue or renew
the licence; or
(b) issue or renew the
licence subject to a condition that, by a specified date, specified actions are
taken to meet the minimum safety standards or to address the prescribed hazard.
(5) The
Minister must determine a valid application in respect of a dwelling –
(a) if the Minister does not
inspect the dwelling, within 20 working days after receiving the
application; or
(b) if the Minister inspects
the dwelling, within 20 working days after the inspection, which must be
completed at the earliest reasonable opportunity.
(6) A
licence is subject to the standard licence conditions set out in the Schedule.
(7) If
the Minister refuses to issue or renew a licence, or issues a licence subject
to conditions other than the standard licence conditions, the Minister must
notify the person who applied for the licence or its renewal, in writing,
of –
(a) the reasons for the
decision; and
(b) the person’s right to
request a review and to appeal under Regulation 5.
4 Withdrawal of licences
(1) The
Minister may withdraw a licence if –
(a) the Minister considers
that –
(i) there is a prescribed hazard present in
the dwelling, or
(ii) a standard licence
condition set out in the Schedule has not been, or is not being, complied with;
or
(b) the person having control
of the dwelling requests that the licence is withdrawn.
(2) If
the Minister decides to withdraw a licence under paragraph (1)(a), the
Minister must notify the person having control of the dwelling, in writing,
of –
(a) the decision and the
reasons for the decision; and
(b) the person’s right to
request a review and to appeal under Regulation 5.
(3) In
establishing the identity of the person having control of the dwelling for the
purpose of paragraph (2), the Minister is entitled to rely on information
provided in an application for the licence or under paragraph (2) of the
Schedule.
5 Review by Minister and appeal
to the Royal Court
(1) A
person entitled to be notified of a decision under Regulation 3(7) or 4(2)
(“a relevant person”) may, within 28 days of the notification, request
that the Minister review the decision.
(2) A
request for a review must contain –
(a) the relevant person’s
name and address for correspondence;
(b) the address of the
dwelling to which the decision relates;
(c) the grounds on which the
request is made, including why the relevant person disagrees with the decision
and with the reasons given for it.
(3) The
Minister must determine a request from a relevant person that meets the
requirements of paragraph (2) within 20 working days after receiving
the request.
(4) The
determination of the Minister is substituted for the original decision.
(5) The
Minister may suspend the effect of a decision that is subject to review until
the determination of that review.
(6) If,
on review, the Minister upholds the original decision in whole or in part, the
Minister must notify the relevant person, in writing, of –
(a) the decision and the
reasons for the decision; and
(b) the relevant person’s
right to appeal under paragraph (7).
(7) The
relevant person may, within 28 days of that notification, appeal against
the Minister’s decision to the Royal Court.
(8) Article 11
of the Law applies, with the necessary modifications, to an appeal under this
Article as if it were an appeal under Article 11 of the Law.
6 Offences
(1) A
person who contravenes Regulation 2(1) commits an offence and is liable to
a fine of level 3 on the standard scale.
(2) A
person has a defence to an offence under paragraph (1) if –
(a) the Minister has
withdrawn a licence for a dwelling under Regulation 4(1); and
(b) the person is unable to
lawfully end the use of the dwelling as a rented dwelling.
(3) A
person having control of a dwelling who does not comply with a condition of a
licence in respect of the dwelling commits an offence and is liable to a fine
of level 3 on the standard scale.
(4) A
person has a defence to an offence under paragraph (3) if the person has
taken all reasonable steps available to them, if any, to ensure compliance with
the condition.
(5) Articles 15(2),
16(1) and (2) and 17 of the Law apply to an offence under this Regulation as
they apply to offences under Article 15(1) of the Law.
7 Transitional provisions
(1) The
Minister must issue a licence in respect of a dwelling if –
(a) when these Regulations
come into force, the dwelling is a rented dwelling; and
(b) a valid application is
made in respect of the dwelling before the end of 31st July 2024.
(2) These
Regulations apply to a licence issued under paragraph (1) as if it were
issued under Regulation 3, but –
(a) despite
Regulation 3(2)(a), the licence commences on 1st May 2024;
(b) despite Regulation 3(3),
the Minister is not entitled to inspect the dwelling to which the licence
relates;
(c) despite
Regulation 3(4)(a), the Minister must not refuse to issue the licence.
(3) A
person is not liable to be convicted of an offence under Regulation 6 if
the person’s application is made in accordance with paragraph (1).
(4) Paragraph (3)
ceases to apply upon the expiry of the licence issued under paragraph (1)
or its withdrawal by the Minister.
(5) Nothing
in this Regulation limits the
Minister’s powers under Regulation 3(4)(b) and 4(1).
(6) This
Regulation is revoked on 1st May 2026.
8 Citation and
commencement
These Regulations may be
cited as the Public Health and Safety (Rented Dwellings) (Licensing) (Jersey)
Regulations 2023 and come into force on 1st May 2024.
Schedule
(Regulation 3(6))
STANDARD LICENCE CONDITIONS
1 Compliance
with minimum safety standards
(1) A person having control of a rented
dwelling must ensure that the rented dwelling complies with the minimum safety
standards whenever it is used as a rented dwelling.
(2) A failure to comply with a minimum safety
standard is not a breach of sub-paragraph (1) if –
(a) the licence for the
dwelling was issued with a condition requiring that, by a specified date,
specified action is to be taken to meet the minimum safety standard;
(b) the failure is a
continuation of the situation that gave rise to the requirement that the
specified action was to be taken (as established by information provided on an
application or by an inspection of the dwelling before the licence was issued)
or arises as a result of taking that specified action; and
(c) the failure occurs before
the specified date.
2 Notification
of changes to the Minister
A person having control of a rented dwelling must ensure that the
Minister is notified of the following changes within 28 days of their
occurring –
(a) a change to their
address, contact telephone number or email address;
(b) if there is a person
acting on their behalf, a change to the address, contact telephone number or
email address of the person acting on their behalf;
(c) a change to the emergency
contact number provided to the occupier of the rented dwelling under
paragraph 3(7)(b);
(d) the dwelling no longer
being used as a rented dwelling.
3 Information
to occupiers
(1) A person having control of a rented
dwelling must ensure that the occupier of the rented dwelling is provided
with –
(a) a copy of the licence;
and
(b) written information
explaining how to raise a concern or complaint concerning the dwelling.
(2) A person having control of the rented
dwelling must ensure that the copy of the licence and written information is
provided –
(a) within 28 days of
the day the licence commences; or
(b) in the case of anyone
already in occupation of the dwelling on, or before, the commencement of these
Regulations, within 28 days of the day the licence is issued.
(3) Sub-paragraph (4) applies if –
(a) the dwelling is occupied
by the existing or a new occupier;
(b) the dwelling is occupied
under a renewed agreement in respect of an existing occupier, or under a new
agreement in respect of a new occupier; and
(c) there is already a
licence in respect of the dwelling.
(4) In a case falling under sub-paragraph (3),
a person having control of the rented dwelling must ensure that the existing or
new occupier is provided with the copy of the current licence and written
information at the same time as the occupier is provided with the renewed or
new agreement under which the dwelling is occupied.
(5) The copy of the licence and written
information may be provided in hard copy or electronic format including by way
of notices displayed in communal areas, handbooks, emails, applications,
websites or other similar systems so long as it is fully accessible to the
occupier having regard to the needs of an occupier who may have difficulty in
accessing certain forms of communication.
(6) The written information, but not the copy
of the licence, may also be provided by way of short message service.
(7) The written information must include –
(a) a contact address and
daytime telephone number to be used to communicate the concern or complaint;
(b) an out-of-hours telephone
number to be used in an emergency;
(c) how the concern or
complaint will be dealt with; and
(d) a statement on the occupier’s
right to seek advice from or raise a complaint to the administration of the
States responsible for environmental and consumer protection, together with the
up-to-date contact details for the said administration of the States.
(8) A person having control of the rented
dwelling must ensure that the occupier is advised of any material change to the
written information within 28 days of the change taking place in the same
form as that in which the original written information was provided.
(9) In this paragraph “administration of the
States” has the same definition as in the Employment of States of Jersey Employees (Jersey)
Law 2005.