Consumer Protection (Unfair Practices) Jersey Law 2018
The Consumer Protection (Unfair Practices) Jersey Law 2018 came into force on 8th June 2018. The purpose of this law is to confer a high common standard of consumer protection in Jersey. The legislation is broad in its scope and covers all business sectors where they deal with consumers. Guidance for letting professionals and those involved in property sales is now available at www.qov.ie/unfairpractices.
Whilst the guidance has been written for the UK, the law is sufficiently aligned to the UK's to provide useful information. Therefore, references to the UK's Consumer Protection from Unfair Trading Regulations 2008, often referred to as the CPRs can be substituted for the Jersey law.
Statutory Nuisances (Jersey) Law 1999
If the landlord fails to maintain the property according to the terms of the lease, the tenant could ask the Court to order repairs to be done.
The States of Jersey may use the Statutory Nuisances (Jersey) Law 1999 if matters are prejudicial to health within the premises. The States may serve an abatement notice under the Statutory Nuisances (Jersey) Law 1999 on the person responsible. It is an offence not to comply with the notice. The recipient of the notice has a right of appeal.
The notice can specify the work required and the time period to comply. If the notice is not complied with, the States can carry out work in default and /or prosecute or both and reclaim the costs.
Residential Tenancy (Jersey) Law 2011
The Residential Tenancy (Jersey) Law 2011 applies to all tenancy agreements in respect of residential units only. Broadly speaking, the law applies to fixed tenancies for a term of 9 years or less or periodic tenancies. The law aims to clarify legal rights and responsibilities for the landlord and tenant.
Under the Residential Tenancy (Jersey) Law 2011, a tenant has the right to:
get a signed copy of the lease and any new versions of it, as well as a copy of the fully signed lease;
get a receipt for any deposit paid;
enjoyment of their accommodation without the landlord interfering;
not have to pay full rent if part of the accommodation becomes uninhabitable (as long as the tenant didn't cause the problem); and
at least one working day to review the lease before signing.
For landlords in respect of existing leases made prior to the 1st May 2013, it is not necessary to replace them but they should ensure that new or varied/renewed leases comply with the law. Failure to provide a receipt for a rental deposit or a signed copy of a lease could result in a fine. The Petty Debts Court now has exclusive jurisdiction over any matter to a residential tenancy regardless of the level of rent. It has the power to make orders relating to payment of rent, damages, adjusting the rights between the parties or terminating the tenancy.
The Residential Tenancy (Supply of Services) (Jersey) Order 2013
Under this law a tenant is entitled to a breakdown of any services that they are being charged for. A landlord can't overcharge or profit from the charge of the re-supplied service. A reseller who collects from a tenant an amount in excess of that which the reseller is entitled to charge must refund the excess within 14 days of collecting it.
The Residential Tenancy (Deposit Scheme) (Jersey) Regulations 2014
Since Monday 2 November 2015, any deposits placed to rent a home must be protected in the States' approved tenancy deposit scheme, My Deposits Jersey.
It applies to all residential agreements which are entered into, varied or renewed after this date. Parties to existing tenancy agreements have the ability to opt into the scheme.
Residential Tenancy (Condition Reports) (Jersey) Order 2014
The Order imposes a legal obligation on every landlord under a residential tenancy agreement to produce a condition report at or before the commencement of the residential tenancy. The reports are compulsory and record the condition and state of repair of a property at the start and end of a tenancy.
If at the end of a tenancy the landlord wishes to make a claim against the tenant on the basis of deterioration in the condition of the residential unit, the landlord must again produce a condition report.
Control of Housing and Work (Jersey) Law 2012
Any person who moves to an address in Jersey and is expected to be resident at the address for 3 months or more, must notify the relevant Minister and provide relevant information. As a landlord it is your responsibility to check a tenant's residential status on their registration card before they move into your property.