
Covid-19 (Residential Tenancy) (Temporary Amendment of Law)
(Jersey) Regulations 2020
Made 9th April 2020
Coming into
force 10th April 2020
THE STATES make these Regulations under Article 2
of the Covid-19 (Enabling Provisions) (Jersey) Law 2020[1] –
1 Temporary amendment of the
Residential Tenancy (Jersey) Law 2011
After Article 7 of the
Residential Tenancy (Jersey) Law 2011[2] there is inserted –
“PART
3A
provisions
relating to the covid-19 ouTbreak
7A Termination of a residential tenancy
(1) Despite Articles 6 and 7, this Article
applies to the termination of residential tenancy agreements.
(2) Where any specified term of a tenancy
expires, the tenancy continues from the date of the expiration of the term as a
periodic tenancy unless the landlord and tenant –
(a) enter into a new agreement with a specified
term; or
(b) agree that the tenancy expires.
(3) Article 6 applies to existing periodic
tenancies and to periodic tenancies entered into on or after the coming into
force of the Covid-19 (Residential Tenancy)
(Temporary Amendment of Law) (Jersey) Regulations 2020[3] as if –
(a) the conditions in paragraph (3) are
that –
(i) the notice is in writing, and
(ii) the notice has been agreed between the
landlord and the tenant;
(b) paragraph (5) does not apply.
(4) Where a landlord served a requirement in
accordance with Article 6 or a tenant gave notice in accordance with Article 7
before the coming into force of the Covid-19
(Residential Tenancy) (Temporary Amendment of Law) (Jersey) Regulations 2020 and
the date specified in the requirement or notice has not passed, the tenant may
give notice in writing to the landlord that he or she intends to remain in
occupation and the tenancy continues as a periodic tenancy.
(5) Where a tenant has received notice and the
date specified has passed, if he or she is unable to vacate the premises as a
result of the Covid‑19 outbreak, he or she may remain in occupation and
the tenancy continues as a periodic tenancy.
(6) In this Article, “periodic tenancy” means a
tenancy to which Article 6, as modified by paragraph (3), and Article 7
apply.
7B Effect of Articles 6 to 7A
on prospective residential tenancies
(1) This Article applies where –
(a) a landlord and prospective tenant have
reached agreement about a residential tenancy, whether a residential tenancy
agreement has been signed or not;
(b) the tenant has not yet taken occupation; and
(c) any of the provisions of Articles 6 to 7A
result in the accommodation no longer being available with vacant possession.
(2) Where this Article applies –
(a) the landlord must inform the prospective
tenant as soon as practicable that the accommodation is no longer available;
(b) the landlord and prospective tenant are
released from any obligation to each other; and
(c) the landlord must reimburse the prospective
tenant any sum paid in connection with securing the tenancy.
7C Suspension of rent
increases
(1) A landlord must not increase the rent due
under any residential tenancy agreement, or make a variation of a residential
tenancy agreement subject to an increase in the rent, for a period before 1st October 2020.
(2) Where a landlord notified an increase
before the coming into force of the Covid-19
(Residential Tenancy) (Temporary Amendment of Law) (Jersey) Regulations 2020 and
that increase has not taken effect, the rent must not increase for any period
before 1st October 2020.
(3) Where a residential tenancy agreement is
renewed and the tenancy includes a clause allowing for an increase in the rent,
that rent must not increase for any period before 1st October 2020.
(4) A landlord who increases a rent in
contravention of paragraph (1), (2) or (3) commits an offence and is
liable to a fine of level 3 on the standard scale.
7D Failure
to pay rent because of financial hardship
(1) Despite Article 12, where the tenant has
breached a term of the residential tenancy agreement requiring the payment of
rent or any other sum to the landlord and has notified the landlord in writing
that the breach is a result of financial hardship caused by the Covid‑19
outbreak and provided appropriate supporting evidence in line with guidance
provided by the Minister, that breach does not constitute a breach for which
the landlord may apply to the Court for an order under Article 12.
(2) The landlord must not impose any financial
penalty or charge interest or any other fee in relation to the rent or other
sum referred to in paragraph (1).
(3) Nothing in paragraph (1) removes –
(a) the liability of the
tenant to pay the rent or other sum to the landlord;
(b) or the ability of the
court to require that interest is paid on the rent or other sum if it
determines that the breach of the term was not a result of financial hardship
caused by the Covid‑19 outbreak.
The Minister must issue guidance in relation to the termination of
tenancies, rental payments and eviction for arrears of rent or other sums due
to the landlord caused by the Covid-19 outbreak.
7F Power to make further
provision by Order
The Minister may, by Order, amend Articles 7A to 7E and may make
further provision in relation to the termination of residential tenancy
agreements, increases in rent and failure to pay rent or other sums due to the
landlord.
Part 3A expires on 30th September 2020.”.
2 Citation and commencement
These Regulations may be cited as the Covid-19
(Residential Tenancy) (Temporary Amendment of Law) (Jersey) Regulations 2020
and come into force on the day after they are made.
l.-m. hart
Deputy Greffier of the States