Dwelling-Houses
(Rent Control) (Jersey) Law 1946[1]
A LAW to make provision with regard
to the rent of certain dwelling-houses[2]
Commencement [see endnotes]
1 Interpretation
(1) In
this Law, unless the context otherwise requires, the following expressions have
the meanings hereby respectively assigned to them, that is to say –
“contract
to which this Law applies”, “lessor” and “lessee”
have the meanings respectively assigned to them by Article 2 of this Law;
“Minister”
means the Minister for Housing;
“prescribed”
means prescribed by Regulations made under Article 7;
“register”
means the register kept in pursuance of Article 5;
“services”
includes attendance, the provision of heating or lighting, the supply of hot
water and any other privilege or facility connected with the occupancy of a
house or part of a house;
“tribunal”
means the tribunal appointed in pursuance of Article 3.[3]
(2) Where
separate sums are payable by the lessee of any premises to the lessor for any 2
or more of the following, namely –
(a) occupation of the premises;
(b) use of furniture; and
(c) services,
the expression “rent”
shall, in relation to those premises, mean the aggregate of those sums and,
where such sums are payable under separate contracts, those contracts shall be
deemed to be one contract.
2 Application
This Law shall apply to any contract, whether parol or in writing,
and in the case of a contract in writing whether or not passed before the Royal
Court, whereby one person (in this Law referred to as the “lessor”)
grants to another person (in this Law referred to as the “lessee”)
the right to occupy as a residence a house or part of a house in consideration
of a rent whether or not such rent includes payment for the use of furniture or
for services and, in the case of a contract with regard to part of a house,
whether or not the lessee is entitled, in addition to exclusive occupation thereof,
to the use in common with any other person of other rooms or accommodation in
the house:
Provided that nothing in this Law
shall apply to a house or part of a house –
(a) let
in conjunction with land exceeding 2 vergées in area;
(b) forming
part of premises used for commercial or industrial purposes and let in
conjunction therewith;
(c) let
at a rent which includes payment in respect of board unless the value of the board
to the lessee does not form a substantial proportion of the whole rent;
(d) let
for a term of less than 9 years on a written contract which is expressed as
conforming and conforms to a standard form of written contract prescribed by Regulations
made under Article 7; or
(e) in
respect of which the States or any administration of the States is either the
lessor or the lessee.[4]
3 Rent
control tribunal
(1) For
the purposes of this Law, the States shall appoint a tribunal, to be called the
Rent Control Tribunal, consisting of a chairman and not fewer than 3 nor more
than 4 other members.[5]
(2) The
chairman and 2 other members of the tribunal shall constitute a quorum at any
sitting of the tribunal.[6]
(3) The
members of the tribunal shall receive such travelling expenses and other
allowances as the Minister may determine. [7]
(4) The
Minister may appoint a clerk and such other officers and servants as the
Minister thinks fit of the tribunal, and there shall be paid to them such
salaries and allowances as the Minister thinks fit.
(5) [8]
4 Reference to tribunal of
contracts for letting[9]
(1) Where
a contract to which this Law applies has been entered into, it shall be lawful
for the lessor or the lessee or the Minister to refer the contract to the
tribunal, and, where any such contract is so referred to it, the tribunal may,
by a notice in writing served on the lessor, require the lessor to give to the
tribunal, within such period (which shall not be less than 7 days from the date
of the service of the notice) as may be specified in the notice, such
information as the tribunal may reasonably require regarding such of the prescribed
particulars relating to the contract as are specified in the notice.
(2) Where
any contract to which this Law applies is referred to the tribunal, the
tribunal shall consider it, and, after making such enquiry as the tribunal
thinks fit and giving to each party an opportunity of being heard, or, in the
party’s option, of submitting representations in writing, shall approve
the rent payable under the contract or reduce or increase it to such a sum as
the tribunal may, in all the circumstances think reasonable, and shall notify
the parties and the Minister of its decision in each case:
Provided that where the
contract has been referred to the tribunal by the Minister, the Minister may
withdraw the reference at any time before the contract is considered by the
tribunal.
(3) Where
the rent payable for any premises has been entered in the register in
accordance with the provisions hereafter contained, it shall be lawful for the
lessor or the lessee or the Minister to refer the case to the tribunal for
reconsideration of the rent so entered on the ground of change of
circumstances, and the provisions of paragraph (2) shall apply on any such
reference as they apply on a reference under paragraph (1).
5 Register of rents
(1) The
Minister shall prepare and keep up to date a register for the purposes of this Law
and shall make the register available for inspection in such place and in such
manner as the Minister may determine.
(2) The
register shall be so prepared and kept up to date as to contain with regard to
any contract referred to the tribunal in pursuance of Article 4, and for a
period of 3 years from the date of the decision of the tribunal in
relation to that contract, entries of –
(a) the prescribed particulars with regard to
the contract;
(b) a specification of the premises to which the
contract relates; and
(c) the rent as approved, reduced or increased
by the tribunal. [10]
(3) It
shall be the duty of the tribunal, when notifying the Minister under Article 4(2)
of its decision in a case, to furnish such particulars as are requisite for
enabling the Minister to discharge the Minister’s functions under this Article.
6 Rents in excess of
registered rents and premiums illegal
(1) Where
the rent payable for any premises is entered in the register under the
provisions of this Law, it shall not be lawful to require or
receive –
(a) on account of rent for those premises in
respect of any period subsequent to the date of such entry, payment of any sum
in excess of the rent so entered; or
(b) as a condition of the grant, renewal or
continuance of a contract to which this Law applies relating to the premises,
payment of any fine, premium or other like sum, or any consideration, in
addition to the rent.
(2) Where
any payment or consideration has been made or received in contravention of paragraph (1),
the amount or value thereof shall be recoverable by the person by whom it was
made or given.
7 Regulations
(1) The
States may make Regulations –
(a) with regard to the tenure of office of the
chairman and other members of the tribunal;
(b) with regard to proceedings before the
tribunal under this Law;
(c) for prescribing anything which is required or
authorized by this Law to be prescribed; and
(d) generally for
carrying the provisions of this Law into effect.[11]
(2) Regulations
made by the States under this Article may be amended by subsequent Regulations
and shall remain in force until repealed.
8 Offences
(1) A
person who requires or receives any payment or any consideration in
contravention of Article 6 shall be guilty of an offence and be liable to imprisonment
for a term of 6 months and to a fine, and, without prejudice to any other
method of recovery, the Court by which the person is found guilty may order the
amount paid or the value of the consideration given to be repaid to the person
by whom the payment was made or the consideration given.[12]
(2) If
the lessor under a contract to which this Law applies fails without reasonable
cause, within the time limited in that behalf, to comply with the provisions of
any notice served under Article 4(1), the lessor shall be guilty of an
offence and be liable to imprisonment for a term of 3 months and to a fine
of level 3 on the standard scale.[13]
9 Evidence
(1) A copy of an entry in
the register certified under the hand of an officer duly authorized in that
behalf by the Minister shall be receivable in evidence of that entry in all
courts and in any proceedings.
(2) Any person requiring
such a certified copy as aforesaid shall be entitled to obtain it on payment of
the prescribed fee.
10 Citation
This Law may be cited as
the Dwelling-Houses (Rent Control) (Jersey) Law 1946.