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 Children and 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[4] 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.[5]
(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.[6]
(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 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[8] 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.[9]
(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[10], 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.[11]
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[12]
(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[13] or the Planning and
Building (Jersey) Law 2002[14].[15]
(2) Nothing
in this Law shall affect the operation of the Building Loans (Jersey)
Law 1950[16], of the Separation and
Maintenance Orders (Jersey) Law 1953[17] or of any Regulations made
under the Agriculture (Loans and Guarantees) (Jersey) Law 1974[18].
(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.[19]
(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.[20]
(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.[21]
(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.[22]
(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.[23]
(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.