Residential Tenancy
(Condition Reports) (Jersey) Order 2014
Made 19th August 2014
Coming into force 31st
October 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) Within
7 days of the vacation of the residential unit the landlord must –
(a) confirm
in writing to the tenant that he or she is satisfied that the residential unit
has been vacated in substantially the same or better condition than at the
beginning of the tenancy or that he or she does not wish to claim against the
tenant for any deterioration of its condition; or
(b) complete a condition report.
(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) If
the landlord and the tenant agree, a condition report completed at the
commencement of a tenancy has effect in the event of a variation or renewal of
the tenancy agreement.
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
and commencement
This Order may be cited as the Residential Tenancy (Condition
Reports) (Jersey) Order 2014 and comes into force on 31st October 2014.
deputy a.k.f. green of st. helier
Minister for Housing