Katharine Marshall
Partner | Legal
Jersey
Partner
Jersey
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Insight
19 October 2015
Jersey
A reminder of the requirements of the Residential Tenancy (Jersey) Law 2011 (“the 2011 Law") and the Residential Tenancy (Condition Reports) (Jersey) Order 2014 and The Residential Tenancy (Deposit Scheme) (Jersey) Regulations 2014.
All new residential tenancies with a term of less than nine years (or no specified term) or any amendment or renewal of any previous lease, must comply with the 2011 Law. Licences will be unaffected. However it remains important to remember that the Court will look to the substance of an agreement, rather than its label, when determining whether any particular agreement is a lease or a licence.
All tenancies must:
The tenant must be given at least one working day to read the draft tenancy agreement before having to sign it and must be given a copy of the document as soon as possible after execution.
For any new lease, a landlord must complete a condition report within 7 days of a tenant agreeing to live in the property and provide 2 copies to the tenant who will either sign it or change it; if there is a dispute this may need to be referred to arbitration or even Court. The States of Jersey website has a template report which can be downloaded by clicking here.
Anything in a lease which is inconsistent with the 2011 Law will be void and it is an offence to attempt to defeat, evade or prevent the operation of the Law punishable by a fine of up to £2000.
The Petty Debts Court has a discretion to vary or terminate a tenancy agreement that is not in writing or does not contain the required details or where the tenant was not given one working day to read it.
All landlords must also:
And don’t forget…
From 2 November 2015, any landlord taking a rent deposit in connection with a residential tenancy agreement will be obliged to enter into an agreement with the States appointed scheme administrator - Mydeposits - and to place the deposit monies with them within 30 days of the date of the lease. Any landlord failing to comply with this risks a fine of up to £2000. The scheme is not retrospective although a landlord may choose to pay a deposit into the scheme if he wishes.
The information and expressions of opinion contained in this note are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations. For further information or advice please do not hesitate to contact me or your usual Ogier contact.
Katharine Marshall
Partner | Legal
Jersey
Partner
Jersey
Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
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