Residential Tenancy
(Deposit Scheme) (Jersey) Regulations 2014
part 1
interpretation
1 Interpretation
In these Regulations, unless the context otherwise
requires –
“adjudicator” means an adjudicator acting under the dispute resolution service;
“administrator” means scheme administrator;
“deposit notice” means a notice in accordance with
Regulation 18;
“direction” means a direction in writing by the Minister
to the scheme administrator;
“dispute resolution service” means the service referred
to in Regulation 25;
“dispute statement” means a statement referred to in
Regulation 16(1)(e) or 17(1)(e);
“function” means any function that by or under these
Regulations, or by the terms of the instrument of appointment of a scheme
administrator, the scheme administrator is required or enabled to perform in
relation to a scheme;
“relevant amount”
in respect of a deposit –
(a) means
an amount equal to the amount paid to the scheme administrator by way of
deposit; and
(b) where,
under Regulation 8, interest is required to be paid on that amount to the
tenant, includes interest that has accrued on the amount;
“relevant party” means a person who is the landlord or
tenant in relation to a residential tenancy;
“residential tenancy deposit scheme” means the scheme published
under Regulation 10;
“scheme” means a residential tenancy deposit scheme;
“scheme account” means the account or accounts required
to be held under Regulation 6;
“scheme administrator” means the person who for the time
being performs functions in relation to a scheme.
2 References
to deposit and residential tenancy
In these
Regulations –
(a) a
reference to a deposit held or to be held in accordance with the scheme –
(i) means
a deposit less any fee deducted under Regulation 32(1)(b);
(ii) includes
a reference to the relevant amount representing the deposit held or to be held
in accordance with the scheme;
(b) a
reference to a residential tenancy or to a residential tenancy agreement is a
reference to one to which the Residential
Tenancy (Jersey) Law 2011 applies.
part 2
administration of scheme
3 Minister
to appoint scheme administrator
(1) The Minister must, as
soon as is reasonably possible after these Regulations come into force, or if a
scheme has come to an end, appoint a person to establish and maintain a
residential tenancy deposit scheme.
(2) The Minister must, as
soon as is reasonably possible after an appointment under paragraph (1) is
terminated, appoint a person to maintain a scheme that has already been
established.
(3) In the absence of a
scheme administrator appointed under this Regulation, the Minister is the
scheme administrator.
(4) The scheme
administrator is responsible for maintaining the scheme, and the safekeeping
and management of the deposits under the scheme, in conformity with the scheme
and with these Regulations.
4 Minister
to be satisfied of ability of scheme administrator
The Minister must not appoint a person as scheme administrator
unless the Minister is satisfied that the person is fit and proper to exercise
the functions of scheme administrator.
5 Termination
of appointment
(1) The Minister may
terminate the appointment of a person as scheme administrator if the person
fails to comply with any requirement imposed on the administrator by a scheme
or by or under these Regulations or if the Minister is no longer satisfied that
the person is fit and proper to exercise the functions of a scheme
administrator.
(2) A person ceases to be a
scheme administrator if –
(a) the person
is appointed as scheme administrator for a period and the period comes to an
end;
(b) the person
becomes bankrupt;
(c) the
appointment of the person is terminated under paragraph (1); or
(d) in a
case where the person is an individual, the person dies.
6 Scheme
account
The scheme administrator –
(a) must not do anything to
cause or permit deposits, or other amounts, held under the scheme to be subject
to any security interest or other burden;
(b) must hold, in one or
more accounts dedicated to the purpose –
(i) deposits,
(ii) interest
that accrues on the deposits,
(iii) any
amount repaid to the scheme administrator by the Minister under Regulation 12
in respect of an unclaimed deposit, and
(iv) any other
amounts that are permitted or required to be kept in exercise of the
administrator’s functions;
(c) must hold, or transfer,
those deposits, and other amounts, in accordance with the directions of the
Minister if the scheme is terminated or if the appointment of the scheme
administrator is terminated by or under these Regulations; and
(d) may pay out from those
deposits, and other amounts, only –
(i) amounts
to be paid to landlords and tenants in accordance with the scheme and these
Regulations,
(ii) amounts
to be paid for the uses referred to in Regulation 8, and
(iii) amounts
required to be paid to the Minister under Regulation 12.
7 Investment
of funds in scheme account
(1) The balance in the
scheme account must be invested in accordance with an investment strategy as
directed by the Minister.
(2) In carrying out his or
her functions under paragraph (1) the Minister must seek the advice of
suitably qualified and experienced persons.
(3) The scheme
account –
(a) must
not be overdrawn; and
(b) must
be operated in such a way that there are sufficient funds readily available to
pay amounts payable for the purposes of the scheme as they become due.
8 Use
of interest earned on scheme account
(1) Interest
on the scheme account may be used –
(a) to
meet the costs of the scheme administrator in administering the scheme;
(b) to
provide to tenants interest on their deposits accruing while those deposits are
held by the administrator;
(c) to
reimburse the Minister’s costs in administering these Regulations; and
(d) otherwise
in accordance with directions of the Minister.
(2) However,
the priority as between the uses specified in paragraph (1) must be in
accordance with directions of the Minister.
9 Annual
report on scheme
(1) The scheme
administrator must, within 3 months of each anniversary of the start of a
scheme, provide the Minister with a report that –
(a) sets
out details of the scheme as at that anniversary, including in particular the
total value of payments into the scheme, the number of deposits held by the
scheme, their total value, the interest earned on the deposits and the values
of payments out of the scheme for each of the uses referred to in
Regulation 8; and
(b) generally
comments on the manner in which the scheme has worked over the year ending on
that anniversary.
(2) The scheme
administrator must provide to the Minister, in accordance with the directions
of the Minister, such information, in respect of the administrator, the scheme,
the scheme account and the operation of the scheme and the scheme account, as
the Minister may specify in the directions.
(3) The Minister must
present a copy of the report prepared in accordance with paragraph (1) to
the States.
(4) The reference in paragraph (1)
to an anniversary of the start of a scheme does not include an anniversary that
falls more than 12 months after a scheme has ended.
10 Scheme
administrator to publish scheme
and information about scheme
(1) The scheme
administrator must prepare and publish a scheme if none is currently in force.
(2) The scheme must set out
the following to the extent that they are not already set out in these
Regulations –
(a) the
respective rights and obligations of landlords and tenants in relation to the
scheme;
(b) the
procedures that apply under the scheme by which an amount in respect of a
deposit may be paid to the tenant at the end of the tenancy;
(c) the
procedures that apply under the scheme where either the landlord or the tenant
is not contactable at the end of the tenancy;
(d) the procedures
that apply under the scheme in circumstances in which, in accordance with these
Regulations, all or part of the deposit may be retained by the landlord;
(e) the
procedures that apply under the scheme if the landlord and the tenant dispute
the amount to be paid to the tenant in respect of the deposit;
(f) the
facilities available under the scheme to enable a dispute relating to the
deposit to be resolved without recourse to litigation;
(g) such
other matters as the Minister specifies by direction.
(3) The scheme
administrator must prepare and publish information (if none is currently
available to the public under this paragraph) on the following –
(a) how
the scheme works;
(b) the
application of these Regulations in general;
(c) the
procedure for making a complaint using the facility referred to in Regulation 11;
(d) the
respective rights and obligations of landlords and tenants under the scheme and
under these Regulations;
(e) such
other matters as the Minister specifies by direction.
(4) The scheme
administrator must prepare and publish revisions of the scheme, and of the
information, as necessary or when the Minister so requires by direction.
(5) The scheme, the information,
and any revision must be –
(a) approved
by the Minister before being published; and
(b) published
in such manner and at such times as the Minister requires by direction.
11 Scheme
administrator to establish complaints facility
The scheme administrator must establish and administer a facility
approved by the Minister that enables persons to make complaints about the
administration of the scheme and to seek resolution of those complaints.
12 Scheme
administrator to pay unclaimed deposits to Minister
(1) The scheme
administrator must pay to the Minister the amount of any unclaimed deposit.
(2) That amount must be
paid from the scheme account as soon as the scheme administrator becomes aware
of the existence of the unclaimed deposit.
(3) However, the Minister
must repay to the scheme administrator any amount paid under paragraph (1)
to the extent that an adjudicator, or the Court, decides that the amount is in
fact payable to any person.
(4) In this Regulation,
“unclaimed deposit” means such part of a relevant amount held by
the scheme administrator under the scheme as has not been claimed 5 years
after the residential tenancy in relation to which the amount was paid has
ended.
part 3
operation of scheme
13 Deposits
to and debits from the scheme account
(1) A deposit paid to the
scheme administrator by a landlord must be credited to the scheme account.
(2) An amount paid under
the scheme to a landlord or to a tenant must be debited to the scheme account.
(3) However, the scheme
administrator is not required to credit or debit any amount to the scheme
account under this Regulation if –
(a) the
notice required by Regulation 30 did not accompany the payment; or
(b) the
fees (if any) required by Regulation 32(1)(a) have not been paid.
14 Paying
out deposit – where parties agree
(1) Within 5 days of
the conditions specified in paragraph (2) both being satisfied, the scheme
administrator must pay the relevant amount in accordance with the agreement
mentioned in paragraph (2)(b).
(2) The conditions
are –
(a) a deposit
in relation to a residential tenancy is held by the scheme administrator; and
(b) the relevant
parties have both notified the scheme administrator in writing –
(i) that the tenancy
has ended and that they have agreed that the relevant amount should be paid wholly to one of them or partly to
one and partly to the other, or
(ii) that
though the tenancy has not ended, they have agreed that the relevant amount
should be paid wholly to one of them or partly to one and partly to the other.
15 Paying
out deposit – adjudicator or Court decision
(1) Within 5 days of
the conditions specified in paragraph (2) all being satisfied, the scheme
administrator must pay the relevant amount in accordance with the decision
referred to in paragraph (2)(c).
(2) The conditions are –
(a) a deposit
in relation to a residential tenancy is held by the scheme administrator;
(b) the scheme
administrator is satisfied that the residential tenancy has ended;
(c) a
decision referred to in paragraph (3) has been made;
(d) the
decision, if a decision of the Court, has become final; and
(e) a
copy of the decision, certified by or on behalf of the adjudicator or the Court
(as the case requires), has been provided to the scheme administrator.
(3) The decision is a
binding decision by an adjudicator, or a decision of the Court, to the effect
that the relevant amount is payable either wholly to the landlord or tenant or
partly to one and partly to the other.
(4) For the purposes of
this Regulation, a decision of the Court becomes final –
(a) if
not appealed against, at the end of the period for bringing an appeal; or
(b) if
appealed against, at the time when the appeal (or any further appeal) is
disposed of.
(5) For the purposes of paragraph (4),
an appeal is disposed of –
(a) if it
is determined and the period for bringing any further appeal has ended; or
(b) if it
is abandoned or otherwise ceases to have effect.
16 Paying
out deposit – landlord claims amount
(1) When all of the
following conditions are satisfied, the scheme administrator must act in
accordance with Regulation 18 –
(a) a deposit
in relation to a residential tenancy is held by the scheme administrator in
accordance with the scheme;
(b) the residential
tenancy has ended;
(c) at
least 14 days have elapsed since it ended;
(d) the relevant
parties have not agreed on how much of the relevant amount each should receive;
(e) the
landlord has given the scheme administrator a statement that complies with
paragraph (4) (a “dispute statement”);
(f) either
paragraph (2) or (3) applies.
(2) This paragraph applies
if the landlord has no current address for, or other means of contacting, the
tenant.
(3) This
paragraph applies if –
(a) the
landlord has, since the residential tenancy
ended, given the tenant a written notice asking whether the tenant accepts that
the landlord should be paid the claimed amount; and
(b) the
tenant has failed to respond to the notice, within 14 days after being given it, by indicating to the landlord whether or
not the tenant accepts that the landlord should be paid the claimed amount.
(4) A statement complies
with this paragraph if it specifies –
(a) the
date on which the tenancy ended;
(b) that
the landlord and the tenant have not reached agreement in respect of the
claimed amount;
(c) a
summary of any communications between them about how much of the relevant
amount each should receive;
(d) the claimed
amount and the basis upon which it has been calculated, with particulars of any
facts relied upon to justify claiming the amount;
(e) if
the landlord relies on the application of paragraph (2), that the landlord
has no current address for, or other means of contacting, the tenant, with
particulars of any address (other than the premises that were the subject of
the residential tenancy) and other contact details (including telephone numbers
and e-mail addresses) that the landlord has had for the tenant;
(f) if
the landlord relies on the application of paragraph (3), that the requirements
of that paragraph have been met, with particulars of the facts relied upon to
demonstrate that they have been met and attaching a copy of the notice given to
the tenant;
(g) any
information that the landlord has as to the whereabouts of the tenant;
(h) whether
the landlord consents, if the tenant disputes that the landlord should be paid
the claimed amount, to the resolution of the dispute through the use of the
dispute resolution service; and
(i) that
the landlord considers that he or she is entitled to be paid the claimed amount.
(5) In
this Regulation, “the claimed amount”, in respect of a residential
tenancy, means the amount claimed by the landlord and equal to the sum
of –
(a) any unpaid rent or any other amount due to the landlord under the
terms of the relevant residential tenancy agreement; and
(b) the
cost of meeting the tenant’s liability under the relevant residential
tenancy agreement for any damage to the
premises that were the subject of the residential tenancy or for loss of or
damage to any property of the landlord on those premises.
(6) For the purposes of
this Regulation, the claimed amount cannot exceed the relevant amount.
17 Paying
out deposit – tenant claims amount
(1) When all of the
following conditions are satisfied, the scheme administrator must act in
accordance with Regulation 18 –
(a) a deposit
in relation to a residential tenancy is held by the scheme administrator in
accordance with the scheme;
(b) the residential
tenancy has ended;
(c) at
least 14 days have elapsed since it ended;
(d) the relevant
parties have not agreed on how much of the relevant amount each should receive;
(e) the
tenant has given the scheme administrator a statement that complies with
paragraph (4) (a “dispute statement”);
(f) either
paragraph (2) or (3) applies.
(2) This paragraph applies
if the tenant has no current address for, or other means of contacting, the landlord.
(3) This
paragraph applies if –
(a) the
tenant has, since the residential tenancy ended, given the landlord a written
notice asking whether the landlord accepts that the tenant should be paid the
claimed amount; and
(b) the
landlord has failed to respond to that notice, within 14 days after being
given it, by indicating to the tenant whether or not the landlord accepts that
the tenant should be paid the claimed amount.
(4) A statement complies
with this paragraph if it specifies –
(a) the
date on which the tenancy ended;
(b) that
the landlord and the tenant have not reached agreement in respect of the
claimed amount;
(c) a
summary of any communications between them about how much of the relevant
amount each should receive;
(d) the
claimed amount and the basis upon which it has been calculated, with
particulars of any facts relied upon to justify claiming the amount;
(e) if
the tenant relies on the application of paragraph (2), that he or she has
no current address for, or other means of contacting, the landlord, with
particulars of any address and other contact details (including telephone
numbers and e-mail addresses) that the tenant has had for the landlord;
(f) if
the tenant relies on the application of paragraph (3), that the
requirements of that paragraph have been met, with particulars of the facts
relied on to demonstrate that they have been met and attaching a copy of the
notice given to the landlord;
(g) any
information that the tenant has as to the whereabouts of the landlord;
(h) whether
the tenant consents, if the landlord disputes that the tenant should be paid
the claimed amount, to the resolution of the dispute through the use of the
dispute resolution service; and
(i) that
the tenant considers that he or she is entitled to be paid the claimed amount.
(5) In
this Regulation, “the claimed amount”, in respect of a residential
tenancy, means the amount claimed, by the tenant from the landlord, in respect
of the tenancy.
(6) For
the purposes of this Regulation, the claimed amount cannot exceed the relevant
amount.
18 Scheme
administrator’s response where
dispute notified
(1) If the scheme
administrator receives a dispute statement from a landlord or tenant, the
administrator must take the action set out in this Regulation and, as the case
requires, in Regulation 19, 20, 21 or 22 and, where applicable, in
Regulation 23.
(2) The administrator must
give a copy of the dispute statement and a deposit notice to the tenant or
landlord (being the party other than the party who gave the dispute statement to
the administrator).
(3) The deposit notice must
ask the person to whom it is given (referred to as “person A”
in this Part) –
(a) whether
he or she accepts that the person who gave the dispute statement (referred to
as “person B” in this Part) to the scheme administrator should
be paid the whole or a part of the amount claimed by person B;
(b) if
person A accepts that part of the amount claimed should be paid, the part that
he or she accepts should be paid; and
(c) if
person A does not accept that the whole of the amount claimed should be
paid, whether he or she consents for the dispute to be resolved through the use
of the dispute resolution service.
(4) A deposit notice must
warn person A that, if he or she does not, within 14 days after being
given the notice, inform the scheme administrator that person A does not
accept that the whole of the amount claimed should be paid to person B –
(a) the
amount claimed will be paid to person B; and
(b) the
remaining part (if any) of the relevant amount will be paid to person A.
(5) A deposit notice must
also warn person A that if, within 14 days after being given the
notice, person A –
(a) informs
the scheme administrator that person A does not accept that the whole of
the amount claimed should be paid to person B; but
(b) fails
to respond to the question referred to in paragraph (3)(c),
person A will be treated as having given his or her consent for
the dispute to be resolved through the use of the dispute resolution service.
19 Where
it is agreed that the amount claimed should be paid
(1) This Regulation applies
if, within 14 days of being given a deposit notice, person A informs
the scheme administrator that person A accepts that the amount claimed
should be paid to person B.
(2) The administrator
must –
(a) pay
the amount claimed to person B within 5 days after being so informed;
and
(b) within
those 5 days pay any remaining part of the relevant amount to
person A.
20 Where
it is not agreed that the amount claimed should be paid
(1) This Regulation applies
if, within 14 days of being given a deposit notice, person A informs
the scheme administrator that person A does not accept that any part of
the amount claimed should be paid to person B.
(2) The administrator
must –
(a) inform
person B whether or not person A has given his or her consent for the
dispute to be resolved through the use of the dispute resolution service; and
(b) pay such
amounts to either or both of those persons as an adjudicator or the Court
decides.
(3) If, after the
administrator has paid those amounts, part of the relevant amount remains
unpaid, the administrator must pay that part to person A.
21 Where
it is agreed that part of the amount claimed should be paid
(1) This Regulation applies
if within 14 days of being given a deposit notice, person A informs
the scheme administrator that person A accepts that part of the amount
claimed should be paid to person B.
(2) The administrator
must –
(a) pay
that part of the amount to person B within 5 days after being so
informed; and
(b) act
in accordance with paragraph (3) in respect of the remainder of the amount
claimed.
(3) The administrator
must –
(a) inform
person B whether or not person A has given his or her consent for the
dispute to be resolved through the use of the dispute resolution service; and
(b) pay such
amounts to either or both of those persons as an adjudicator or the Court
decides.
(4) If, after the
administrator has paid out those amounts, part of the relevant amount remains
unpaid, the administrator must pay that part to person A.
22 Failure
to respond to deposit notice
(1) This Regulation applies
if, more than 14 days after being given a deposit notice, person A
has not informed the scheme administrator whether person A accepts that
the amount claimed or part of it should be paid to person B.
(2) The scheme
administrator must –
(a) pay
the amount claimed to person B within 5 days; and
(b) within
those 5 days pay any remaining part of the relevant amount to
person A.
23 Deemed
consent to use of dispute resolution service
(1) This Regulation applies
if, within 14 days of being given a deposit notice, person A –
(a) informs
the scheme administrator that person A does not accept that the whole or a
part of the amount claimed should be paid to person B; but
(b) fails
to respond to the question whether or not person A consents to the
resolution of the dispute through the use of the dispute resolution service.
(2) This Regulation also
applies if person A responds to the question mentioned in paragraph (1)(b)
to refuse such consent and –
(a) within
7 days of such response fails to provide evidence to the scheme
administrator that the person has initiated Court proceedings in respect of the
matter mentioned in the deposit notice; or
(b) having
initiated such proceedings discontinues them before their conclusion.
(3) For the purposes of the
scheme and these Regulations, person A is to be taken to have given his or
her consent to the use of that service.
(4) Accordingly, the scheme
administrator must inform person B that the consent is to be taken to have
been given.
24 Notice
on request as to deposit held in scheme
(1) The scheme
administrator must, on request by a relevant party, provide to the party
written notice stating whether or not a deposit paid in connection with the
tenancy is being held in accordance with the scheme.
(2) The scheme
administrator must, on request by a relevant party, provide notice to the party
of the following matters –
(a) whether
payment has been made to the scheme administrator in connection with the
tenancy;
(b) the
date on which the payment was made;
(c) the
amount so paid;
(d) whether
the scheme administrator has been given the notice required by Regulation 30(1).
(3) The scheme
administrator may refuse a request referred to in this Regulation if the scheme
administrator considers that the terms of the request do not provide sufficient
detail to the scheme administrator or that the person making the request has
not, to the satisfaction of the scheme administrator, established his or her
identity as a relevant party.
25 Dispute
resolution service to be provided
The scheme must make provision for a service to resolve disputes
that relate to deposits, being a service that –
(a) is without recourse to
litigation;
(b) except to the extent
provided in Regulation 23, is not compulsory; and
(c) may be free or subject
to payment by one or more of the parties to a dispute.
26 If
there is more than one landlord or tenant
The scheme must provide that if a residential tenancy agreement
specifies more than one person as landlord or as tenant, the administrator must
take reasonable steps to make the payments under the scheme in appropriate
shares, according to –
(a) the information before
the administrator; or
(b) a decision of an
adjudicator or the Court.
27 Receipt
of notice given by post
(1) Where, for the purposes
of these Regulations or the scheme, the scheme administrator is required to
give a notice to a relevant party, the party is to be treated as having been
given the notice in the normal course of post if the notice has been sent by
post to –
(a) the
address (if any) last provided to the scheme administrator by the party as the
address to which correspondence may be sent to the party; or
(b) if no
such address has been provided –
(i) except if clause (ii)
applies, the address provided to the scheme administrator by the tenant as the
landlord’s last known address or by the landlord as the tenant’s
last known address, as the case requires, or
(ii) if
the scheme administrator has a more recent address for the person, that
address.
(2) Nothing in this
Regulation prevents a notice from being given otherwise than by post.
part 4
obligations of landlords and tenants
28 Landlord
to pay deposit to scheme –
new residential tenancy agreement
(1) A landlord who receives
a deposit in relation to a residential tenancy, where the relevant residential
tenancy agreement was entered into while a scheme is in force, must pay to the scheme
administrator an amount equal to the value of the deposit within 30 days after
receiving the deposit.[1]
(2) A landlord who fails to
comply with the requirement in paragraph (1) is guilty of an offence and
is liable to a fine of level 3 on the standard scale.
29 Landlord
to pay deposit to scheme – variation or renewal of residential
tenancy agreement
(1) A
landlord who –
(a) received
a deposit in relation to a residential tenancy where the relevant residential
tenancy agreement was entered into at any time when there was no scheme in
force; and
(b) has
not paid an amount equal to the deposit to the scheme administrator, as
described in paragraph (3),
must pay to the scheme
administrator an amount equal to the deposit within 30 days after the time
when the relevant residential tenancy agreement is first varied or renewed at a
time when a scheme is in force.[2]
(2) A
landlord who fails to comply with the requirement in paragraph (1) is
guilty of an offence and is liable to a fine of level 3 on the standard scale.
(3) A landlord who received
a deposit in relation to a residential tenancy where the relevant residential
tenancy agreement was entered into at any time when there was no scheme in
force may, while a scheme is in force, pay to the scheme administrator an
amount equal to the deposit even if not required to do so under paragraph (1).
30 Obligation
on landlord and scheme administrator to provide information
(1) When a landlord pays to
the scheme administrator an amount under Regulation 28(1) or 29(1) or (3),
the payment must be accompanied by a notice that includes the following
information –
(a) the
address of the residential unit;
(b) the
commencement date of the residential tenancy;
(c) the
date on which the residential tenancy ends;
(d) the
type of property that is the subject of the tenancy;
(e) the
amount of the deposit payable in respect of the residential tenancy;
(f) the
date on which the deposit was paid;
(g) the
name, address and contact information of the landlord;
(h) the
name and contact information of each tenant;
(i) the
name and business address of any managing agent;
(j)
(k) any
other information required by the scheme administrator.[3]
(2) [4]
(3) The scheme
administrator must send to the tenant –
(a) a
copy of the notice; and
(b) information
about how to notify the scheme administrator in the event that the tenant
believes that any information included in the notice is inaccurate.[5]
(4) A landlord who fails to
comply with paragraph (1) is guilty of an offence and is liable to a fine
of level 3 on the standard scale.
31 False
information
A landlord or tenant who –
(a) gives to the scheme
administrator a notice permitted or required by these Regulations; and
(b) knowingly and wilfully
includes in the notice any false or misleading information,
is guilty of an offence and is liable to a fine of level 3 on
the standard scale.
32 Fees
(1) When
the landlord pays a deposit to the scheme administrator –
(a) the
landlord and the tenant must pay any fee prescribed under paragraph (4) to
be paid by the landlord or tenant or both of them as the case may be, to the
scheme administrator; and
(b) the
scheme administrator must deduct the amount of any fee prescribed under
paragraph (4) to be taken from the deposit, from that deposit.
(2) A
person who fails to pay any required fee under paragraph (1)(a) is guilty
of an offence and is liable to a fine of level 3 on the standard scale.
(3) Fees
paid or deducted under this Regulation must be applied by the scheme
administrator to pay the scheme administrator’s debts or expenses in
relation to the scheme or to discharge any other liability or obligation of the
scheme administrator in relation to the scheme.
(4) The
Minister may by Order prescribe fees for the purposes of this Regulation.
part
5
Citation
33 Citation
These Regulations may be
cited as the Residential Tenancy (Deposit Scheme) (Jersey) Regulations 2014.