Residential Tenancy
(Amendment) (Jersey) Law 2012
A LAW to amend the Residential
Tenancy (Jersey) Law 2011.
Adopted by the
States 11th September 2012
Sanctioned by
Order of Her Majesty in Council 7th November 2012
Registered by the
Royal Court 23rd
November 2012
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, “principal Law” means the Residential
Tenancy (Jersey) Law 2011[1].
2 Article 1
amended
In Article 1 of the principal Law –
(a) after
the definition “Court” in paragraph (1) there is inserted the
following definition –
“ ‘deposit’,
in respect of a residential tenancy agreement, means a payment of money
intended to be held (by the landlord or otherwise) as security for, or for guaranteeing
or ensuring –
(a) the performance of any obligation of the
tenant; or
(b) the discharge of any liability of the
tenant,
arising under or in
connection with the residential tenancy agreement;”;
(b) after
the definition “Minister” in paragraph (1) there is inserted
the following definition –
“ ‘money’
means money whether in the form of cash or otherwise;”;
(c) for
paragraphs (2) and (3) there are substituted the following
paragraphs –
“(2) A reference in this Law to a
landlord includes –
(a) a landlord’s heirs, executors,
administrators and assigns; and
(b) a person acting on behalf of a landlord in
respect of a residential tenancy or residential tenancy agreement.
(3) A reference in this Law to a tenant includes –
(a) a tenant’s heirs, executors,
administrators and assigns; and
(b) a person acting on behalf of a tenant in
respect of a residential tenancy or residential tenancy agreement.”.
3 Article 6
amended
In Article 6(3)(e) of the principal Law, for the words “(or,
where Minister has by Order prescribed some other period, that other period
instead)” there are substituted the words “(or, where the Minister
has by Order prescribed some other period, being a period of not less than one
month, that other period instead)”.
4 Article 7
amended
In Article 7(3)(f) of the principal Law, for the word
“Minister” there are substituted the words “the
Minister”.
5 Article 13
substituted
For Article 13 of the principal Law the
following Article is substituted –
“13 Execution
of order for eviction
(1) If the Court orders the eviction of a tenant
under this Law and does not stay the execution of the order, the Viscount shall
execute that order by going to the residential unit that is the subject of the
order and putting the landlord in possession of the residential unit.
(2) The Court may, when it makes an order under
this Law for the eviction of a tenant from a residential unit or after making
such an order, make an order to one or more of the following
effects –
(a) that the Viscount may, for the purpose of
executing the order for eviction or for the purpose of removing movable
property as referred to in paragraph (3), enter the residential unit;
(b) that the Viscount may use reasonable force
if necessary in order to make that entry;
(c) that the landlord, or the tenant, under the relevant
residential tenancy agreement (or both of them) shall be liable to pay the reasonable
expenses incurred by the Viscount in performing the Viscount’s functions
under this Article.
(a) the tenant does not, at or before the time
when the landlord is put in possession, remove the tenant’s movable
property from the residential unit;
(b) the tenant has not entered into any
agreement with the landlord about disposal of that property;
(c) the landlord has not applied for an order
under Article 1 of the Loi (1867) sur la Cour pour le recouvrement de
menues dettes[2] in respect of the property;
and
(d) no such order has been made in respect of
the property,
the Viscount may remove the
property and keep it in any place that the Viscount thinks fit.
(a) the evicted tenant has not within 15 days
after that removal –
(i) (except
to the extent that an order under paragraph (2)(c) makes the landlord
liable for those expenses) tendered to the Viscount payment of the reasonable
expenses incurred in performing the Viscount’s functions under this
Article, and
(ii) claimed
and removed the movable property from the place referred to in paragraph (3);
(b) the landlord has not applied for an order
under Article 1 of the Loi (1867) sur la Cour pour le recouvrement de
menues dettes in respect of the property; and
(c) no such order has been made in respect of
the property,
the Viscount may dispose of
the property.
(5) Such disposal shall be carried
out –
(a) by taking reasonable steps to sell any part
of the property that has a realizable value; or
(b) by any other means in the case of any other
part of the property.
(6) The Viscount may (except to the extent that
an order under paragraph (2)(c) makes the landlord liable for those
expenses) retain from the proceeds of any such sale the Viscount’s
reasonable expenses incurred in performing the Viscount’s functions under
this Article.
(7) The Viscount shall take reasonable steps to
pay to the evicted tenant any balance of the proceeds of such a sale.
(8) However, if, after taking those steps, the
Viscount has been unable to pay the balance to the tenant, the Viscount shall
pay the balance to the consolidated fund.”.
6 Article 16
amended
In Article 16 of the principal
Law –
(a) for paragraph (2)(a), the following sub-paragraph
is substituted –
“(a) in
relation to a residential tenancy or a residential tenancy agreement;
and”;
(b) after paragraph (2)(i), the following sub-paragraphs
are inserted –
“(ia) modifying
the wording, or application, of any expression of time as it applies to the
residential tenancy or the residential tenancy agreement, being an expression
that is prescribed by any provision of this Law or by any provision made under
this Law,
(ib) dispensing
with any requirement for notice that applies in relation to the residential
tenancy or the residential tenancy agreement, being a requirement that is
prescribed by any provision of this Law or by any provision made under this Law,”;
(c) after paragraph (4), the following
paragraph is added –
“(5) Nothing
in this Article shall be taken to confer jurisdiction in criminal matters on
the Court.”.
7 Article 23
amended
In Article 23 of the principal
Law –
(a) in paragraph (2)(a) before the words
“the completion” there is inserted the word
“requiring”;
(b) in paragraph (2)(c) before the words
“the provision” there is inserted the word “requiring”;
(c) in paragraph (2)(e) for the words
“the maximum” there are substituted the words “imposing a
maximum”;
(d) in paragraph (2)(g) before the words
“a standard form” there are inserted the words “requiring the
use of”;
(e) after paragraph (2)(g) the following sub-paragraph
is inserted –
“(ga) the content
of such form or forms or instruments;”.
8 Article 24
amended
In Article 24 of the principal
Law –
(a) for paragraph (1) the following
paragraphs are substituted –
“(1) The
States may by Regulations make provision for the purpose of carrying this Law
into effect and, in particular, but without prejudice to the generality of the
foregoing, for or with respect to the following matters –
(a) the
requiring or giving of security, guarantees or other things (other than deposits)
for the purposes of securing, guaranteeing or ensuring –
(i) the performance
of any obligation of the tenant, or
(ii) the discharge of
any liability of the tenant,
arising under or in connection with a residential tenancy agreement;
(b) restricting
or prohibiting the requiring or giving of anything (other than deposits)
referred to in sub-paragraph (a);
(c) limiting
the requiring or giving of deposits or imposing limits on their amounts;
(d) enabling
the Minister, or any person appointed by the Minister, to set up and administer
a scheme for the safe-keeping or investment of deposits paid in respect of
residential tenancies;
(e) enabling
the person administering such a scheme to determine the rules for its operation;
(f) making
it an offence –
(i) for a landlord
not to pay a deposit into such a scheme, or
(ii) for a landlord or
tenant to do anything, in relation to a residential tenancy or a residential
tenancy agreement, that is not in compliance with the rules of such a scheme;
(g) the
investment of funds of such a scheme;
(h) the
use of the interest on any such investment;
(i) requiring
the operation of such a scheme, the use of the funds in such a scheme, and such
a scheme generally, to be in accordance with directions given by the Minister
to the person administering such a scheme;
(j) requiring
the payment of fees in relation to payments into or out of such a scheme, or
generally in relation to such a scheme, those fees being in amounts that the
Minister prescribes by Order;
(k) the
recovery of deposits paid into such a scheme by persons entitled to those
deposits;
(l) the
resolution of disputes as to deposits, whether by conferring jurisdiction on
the Court in relation to those disputes or enabling other means of dispute
resolution, or both;
(m) the
giving of notice for the purposes of this Law or for the purposes of any
Regulations made under this Law;
(n) making
provision of a saving or transitional nature consequent on the enactment of
this Law.
(1A) Except to the
extent that the States by Regulations otherwise provide, a deposit paid into a
scheme referred to in paragraph (1) shall not be available to pay (whether
in full or in part) any debts or expenses, or to discharge (whether in full or
in part) any other liability or obligation, of the person administering the
scheme.
(1B) The Minister
may, by Order, exempt from the operation of any Regulations made under this
Article, or of any specified provision of those Regulations, either
unconditionally or subject to conditions –
(a) any
person, deposit, residential tenancy, residential tenancy agreement or
residential unit; or
(b) any
class of persons, class of deposits, class of residential tenancies, class of
residential tenancy agreements or class of residential units.”;
(b) for paragraph (4) the following
paragraph is substituted –
“(4) A provision of Regulations
that make provision of a saving or transitional nature consequent on the
enactment of this Law may, if the Regulations so provide, come into force on
the day on which paragraph (5) comes into force or on a later day.”.
9 Citation
and commencement
(1) This
Law may be cited as the Residential Tenancy (Amendment) (Jersey) Law 2012.
(2) This
Law comes into force on the seventh day after it is registered.
m.n. de la haye
Greffier of the States