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.
The Property Development Scheme or PDS was created by the Government in place since December 2014, as a successor to the previous schemes, that is, (i) Integrated Resort Schemes (IRS) and (ii) Residential Estate Schemes.
In principle, when the parties agree to arbitrate, they shall be
bound by that agreement. It should therefore follow that when a
party initiates arbitration proceedings, the other party - the
respondent – will avail itself of the opportunity to present
its case and participate in the proceedings.
A recent decision of the Grand Court has affirmed the relevance of the 1997 Development Plan within Cayman's development and planning regime and in so doing has cast doubt over the Central Planning Authority's ability to effectively deal with ‘high rise' developments exceeding seven storeys in height.
Jonathan Hughes, Head of Ogier's Property Law Group and Ogier's Local Legal Services team, caught up with Claire Smith, Principal Planning Lawyer at Ogier, and Michael Stein, Director of MSPlanning, to discuss Jersey's new planning appeal system…