Residential Tenancy
(Condition Reports) (Jersey) Order 2014
1 Condition reports
(1) For the purposes of
this Order a “condition report” is a report about the physical
condition and state of repair of a residential unit that is the subject of a
residential tenancy agreement.
(2) The condition
report –
(a) must
be in writing and contain the information required by Article 2;
(b) may
include images.
(3) An image used in making
a condition report may be recorded in a photograph, on video or film or by any
other mechanical, electronic, digital or similar method of making a visual
record.
2 Content
of condition report
(1) A condition report must
contain the following information –
(a) the
name and address of the landlord or, if there is one, the managing agent;
(b) the
name of the tenant;
(c) the
address of the residential unit to which it relates and the date on which the
tenant is entitled to possession of the unit;
(d) the
date on which the condition report is recorded.
(2) The condition report
must also –
(a) specify
the condition of walls, floors and ceilings in each room in the residential
unit and the condition of any space or facility that is part of, or associated
with, the unit;
(b) itemise,
and specify the condition of, any fixtures, fittings and movables belonging to
the landlord that are at the unit.
3 Condition
report at commencement and termination of residential tenancy
(1) The landlord must
complete a condition report at or before the commencement of the residential
tenancy.
(2) The landlord must
comply with paragraph (2A) within 7 days after –
(a) the
tenant vacates the residential unit; or
(b) the
residential tenancy ends, or its specified term ends or was due to end, but the
tenant remains in the unit under a residential tenancy.[1]
(2A) The landlord must –
(a) confirm
in writing to the tenant either –
(i) that the landlord
is satisfied that the residential unit is in substantially the same or better
condition than at the commencement of the tenancy; or
(ii) that
the landlord does not wish to claim against the tenant for any deterioration of
the unit’s condition; or
(b) complete
a condition report.[2]
(3) Within 7 days of
completing a condition report under this Article the landlord must provide the
tenant with 2 copies of the report signed by the landlord.
(4) Paragraph (6) has
effect if –
(a) there
is a change in circumstances described in paragraph (5)(a), (b) or (c) and
the landlord and the tenant agree to paragraph (6) having effect; or
(b) there
is a change in circumstances described in paragraph (5)(d).[3]
(5) There is a change in
circumstances if –
(a) a
residential tenancy for a specified term becomes a periodic tenancy;
(b) a
residential tenancy agreement is varied to extend its specified term;
(c) an
existing tenancy for a specified term ends and, immediately after that, a new
residential tenancy of the same tenant starts, as described in Schedule 3
(transitional provisions), paragraphs 2(2)(a) and 6(4), to the Residential Tenancy (Jersey) Law 2011; or
(d) an
existing tenancy for occupation on the basis of a recurrent period becomes a
periodic tenancy, as described in Schedule 3 (transitional provisions),
paragraph 4, to the Residential Tenancy (Jersey) Law 2011.[4]
(6) If this paragraph has
effect on a change in circumstances –
(a) paragraphs (1)
to (2A) do not apply to the change in circumstances; and
(b) the
landlord’s and tenant’s earlier condition report is instead to be
used, when paragraphs (2) and (2A) next apply, as the record of the
unit’s earlier condition for the purposes of comparison against its later
condition (under paragraph (2)(a) or otherwise).[5]
4 Acceptance
of condition report with or without modifications
(1) Within 7 days of
receiving a condition report under Article 3 the tenant must –
(a) accept
the report by signing it and returning one copy to the landlord; or
(b) mark
the modifications the tenant thinks appropriate on the report, initial the
modifications and return one copy to the landlord.
(2) If the tenant does not take action under paragraph (1) within the period there
specified the tenant is taken to have accepted the condition report.
(3) Within 7 days of
receiving a condition report modified by the tenant under paragraph (1)(b)
the landlord must –
(a) accept
the report as modified by the tenant by initialling the modifications and,
without making further modifications, return a copy of the report to the
tenant; or
(b) attempt
to reach agreement with the tenant as to the contents of the report, which
agreement is signified by both parties initialling all modifications that
remain on the report.
(4) If the landlord does
not take action under paragraph (3) within the
period there specified the landlord is taken to have accepted the condition
report as modified by the tenant.
(5) If within that period
the landlord takes action under paragraph(3)(b) but no acceptance or agreement is reached, the condition
report is not accepted or taken to be accepted for the purposes of Article 5.
(6) However, in the
situation described in paragraph (5) if the matters goes
on to be considered by the Court or an adjudicator, the landlord and the tenant
must provide to the Court or adjudicator their best evidence refuting the
report or the modifications to it as the case may be.
5 Condition
report conclusive of condition of residential unit
(1) If a condition report
is accepted or is taken to have been accepted under Article 4 by a
landlord and a tenant, the report is conclusive evidence of the condition of
the residential unit and of the provision of, and the condition of, any
fixtures, fittings and movables belonging to the landlord that are at the unit
and are referred to in the report, on the date specified in the report as the
date on which the report is recorded.
(2) However, paragraph (1)
does not apply to any matter that could not have reasonably been discovered on
a reasonable inspection of the unit.
6 Offence
A person who contravenes Article 3 is guilty of an offence and
liable to a fine of level 3 on the standard scale.
7 Citation
This Order may be cited as the Residential Tenancy (Condition
Reports) (Jersey) Order 2014.