THE STATES make these Regulations under Article 2 of the Covid-19 (Enabling Provisions) (Jersey) Law 2020[1] –

“PART 3A

provisions relating to the covid-19 ouTbreak

7A     Termination of a residential tenancy

(1)     Despite Articles 6 and 7, this Article applies to the termination of residential tenancy agreements.

(2)     Where any specified term of a tenancy expires, the tenancy continues from the date of the expiration of the term as a periodic tenancy unless the landlord and tenant –

(a)     enter into a new agreement with a specified term; or

(b)     agree that the tenancy expires.

(3)     Article 6 applies to existing periodic tenancies and to periodic tenancies entered into on or after the coming into force of the Covid-19 (Residential Tenancy) (Temporary Amendment of Law) (Jersey) Regulations 2020[3] as if –

(a)     the conditions in paragraph (3) are that –

(i)      the notice is in writing, and

(ii)      the notice has been agreed between the landlord and the tenant;

(b)     paragraph (5) does not apply.

(4)     Where a landlord served a requirement in accordance with Article 6 or a tenant gave notice in accordance with Article 7 before the coming into force of the Covid-19 (Residential Tenancy) (Temporary Amendment of Law) (Jersey) Regulations 2020 and the date specified in the requirement or notice has not passed, the tenant may give notice in writing to the landlord that he or she intends to remain in occupation and the tenancy continues as a periodic tenancy.

(5)     Where a tenant has received notice and the date specified has passed, if he or she is unable to vacate the premises as a result of the Covid‑19 outbreak, he or she may remain in occupation and the tenancy continues as a periodic tenancy.

(6)     In this Article, “periodic tenancy” means a tenancy to which Article 6, as modified by paragraph (3), and Article 7 apply.

7B     Effect of Articles 6 to 7A on prospective residential tenancies

(1)     This Article applies where –

(a)     a landlord and prospective tenant have reached agreement about a residential tenancy, whether a residential tenancy agreement has been signed or not;

(b)     the tenant has not yet taken occupation; and

(c)     any of the provisions of Articles 6 to 7A result in the accommodation no longer being available with vacant possession.

(2)     Where this Article applies –

(a)     the landlord must inform the prospective tenant as soon as practicable that the accommodation is no longer available;

(b)     the landlord and prospective tenant are released from any obligation to each other; and

(c)     the landlord must reimburse the prospective tenant any sum paid in connection with securing the tenancy.

7C      Suspension of rent increases

(1)     A landlord must not increase the rent due under any residential tenancy agreement, or make a variation of a residential tenancy agreement subject to an increase in the rent, for a period before 1st October 2020.

(2)     Where a landlord notified an increase before the coming into force of the Covid-19 (Residential Tenancy) (Temporary Amendment of Law) (Jersey) Regulations 2020 and that increase has not taken effect, the rent must not increase for any period before 1st October 2020.

(3)     Where a residential tenancy agreement is renewed and the tenancy includes a clause allowing for an increase in the rent, that rent must not increase for any period before 1st October 2020.

(4)     A landlord who increases a rent in contravention of paragraph (1), (2) or (3) commits an offence and is liable to a fine of level 3 on the standard scale.

7D     Failure to pay rent because of financial hardship

(1)     Despite Article 12, where the tenant has breached a term of the residential tenancy agreement requiring the payment of rent or any other sum to the landlord and has notified the landlord in writing that the breach is a result of financial hardship caused by the Covid‑19 outbreak and provided appropriate supporting evidence in line with guidance provided by the Minister, that breach does not constitute a breach for which the landlord may apply to the Court for an order under Article 12.

(2)     The landlord must not impose any financial penalty or charge interest or any other fee in relation to the rent or other sum referred to in paragraph (1).

(3)     Nothing in paragraph (1) removes –

(a)     the liability of the tenant to pay the rent or other sum to the landlord;

(b)     or the ability of the court to require that interest is paid on the rent or other sum if it determines that the breach of the term was not a result of financial hardship caused by the Covid‑19 outbreak.

7E      Guidance

The Minister must issue guidance in relation to the termination of tenancies, rental payments and eviction for arrears of rent or other sums due to the landlord caused by the Covid-19 outbreak.

7F      Power to make further provision by Order

The Minister may, by Order, amend Articles 7A to 7E and may make further provision in relation to the termination of residential tenancy agreements, increases in rent and failure to pay rent or other sums due to the landlord.

7G     Expiration of Part 3A

Part 3A expires on 30th September 2020.”.