The Residential Tenancy (Jersey) Law 2011 was originally
adopted by the States of Jersey in 2009 to establish a modern legal
framework for the residential landlord and tenancy relationship.
The purpose of the law is to clarify the respective rights and
responsibilities of the landlord and tenant and give protection to
the third of Islanders who live in rented accommodation.
When will the law come into force?
The law is now expected to come into force in the summer of 2012
and will apply to all residential tenancy agreements made after
As a landlord, will I have to replace my existing lease?
No but you should be aware that the provisions of the law will
apply upon the renewal or variation of your lease and any
replacement leases must be compliant with the provisions of the
What is a residential tenancy agreement ("RTA")
An RTA is an agreement which provides for the exclusive
occupation of a residential unit of accommodation by one or more
people for value (rental) and for a period of 9 years or less (or
without a specific term). In other words a lease.
Are commercial and agricultural property covered by the law
No and neither are nursing home or short let accommodation.
I am preparing a new lease, what provisions must it
be in writing and signed by both parties;
a description of the residential unit;
the commencement and termination dates;
the name, address or business address of the Landlord and/or
the landlord's managing agent;
the rental payable and the frequency of such payments;
the name of the person to whom the rental is to be paid;
the details of any deposit or guarantee to be held;
the rent review date (if any) together with the basis of such
review (e.g. Jersey Retail Prices Index);
an inventory of contents owned by the landlord (if
no restriction upon the tenant fixing things to and removing
things from walls etc provided that the tenant makes good any
damage caused in so doing;
no provision by which you unreasonably withhold or delay
consent to any reasonable request by the tenant; ]
no requirement for the tenant to purchase any fixture and
no charging your tenant a premium or key money in respect of
the residential unit.
Should any of the above provisions be omitted, in the event of
any dispute they will be considered to be implied and taken to form
part of the RTA.
I have tenants who pay from month to month. How much notice must
I give them to vacate the premises?
You will be required to provide your tenant with three months
written notice of your intention to terminate the tenancy whilst
the tenant will be required to provide you with one months
Neither party need give formal notice if the other party is in
breach of the terms of the tenancy agreement or if a mutual
agreement to end the tenancy is reached.
What rights do my tenants have under the new law ?
At least 24 hours to review the lease before signing.
not to pay the full rental due if part of the rental property
becomes uninhabitable – provided of course that the
tenant is not the reason for the issue.
to enjoy the rental property without interference from the
to receive a copy of the fully executed agreement;
to receive a receipt for the deposit (if any) paid by the
Does the landlord have any rights?
Yes via proceedings issued through the Petty Debts Court
Can I evict my tenant?
Yes, through the Petty Debts Court, if the Court is satisfied
that the tenant has:-
breached one or more terms of the RTA; and
has been given notice of the breach and an opportunity to
remedy the breach;
has failed to comply with such notice.
If an order for eviction is granted, the Viscount is charged
with attending the premises and putting you in possession. In this
regard the Viscount is granted powers of entry and the power to
remove and dispose of the tenant's effects.
How will the new housing law affect me?
The new housing law called "Control of Housing and Work
(Jersey) Law 201-" is also due to come into force in the
summer of 2012 and its implementation will extend the provisions of
the Residential Tenancy Law to those currently resident in self
contained units in the unqualified sector such as lodging house
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
A common scenario: the Employer is not
happy with the Contractor’s performance,
whether because of failure to perform the
works in the manner provided for in the
Contract or because of some other breach
of the Contract.
As the fifth anniversary of the onset of the financial crisis approaches, engineers, architects and other consultants to the construction industry should be aware of the potential risk that this unhappy anniversary presents to any remaining fee claims.
There have been a number of negative reports in the press in the last few weeks stating that a recent Dubai Court of Cassation judgment nullifying a Dubai International Arbitration Centre (DIAC) arbitration award will have far reaching implications and jeopardise Dubai’s position as an international arbitration hub.
Leading UAE law firm Hadef & Partners, today published a report titled The cost of owning freehold property in Dubai.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”