Residential Tenancy
(Condition Reports) (Jersey) Order 2014
1 Condition reports
(1) For the purposes of
this Order a “condition report” is a report about the physical
condition and state of repair of a residential unit that is the subject of a
residential tenancy agreement.
(2) The condition
report –
(a) must
be in writing and contain the information required by Article 2;
(b) may
include images.
(3) An image used in making
a condition report may be recorded in a photograph, on video or film or by any
other mechanical, electronic, digital or similar method of making a visual
record.
2 Content
of condition report
(1) A condition report must
contain the following information –
(a) the
name and address of the landlord or, if there is one, the managing agent;
(b) the
name of the tenant;
(c) the
address of the residential unit to which it relates and the date on which the
tenant is entitled to possession of the unit;
(d) the
date on which the condition report is recorded.
(2) The condition report
must also –
(a) specify
the condition of walls, floors and ceilings in each room in the residential
unit and the condition of any space or facility that is part of, or associated
with, the unit;
(b) itemise,
and specify the condition of, any fixtures, fittings and movables belonging to
the landlord that are at the unit.
3 Condition
report at commencement and termination of residential tenancy
(1) The landlord must
complete a condition report at or before the commencement of the residential
tenancy.
(2) Within 7 days of
the vacation of the residential unit the landlord must –
(a) confirm
in writing to the tenant that he or she is satisfied that the residential unit
has been vacated in substantially the same or better condition than at the
beginning of the tenancy or that he or she does not wish to claim against the
tenant for any deterioration of its condition; or
(b) complete
a condition report.
(3) Within 7 days of
completing a condition report under this Article the landlord must provide the
tenant with 2 copies of the report signed by the landlord.
(4) If the landlord and the
tenant agree, a condition report completed at the commencement of a tenancy has
effect in the event of a variation or renewal of the tenancy agreement.
4 Acceptance
of condition report with or without modifications
(1) Within 7 days of
receiving a condition report under Article 3 the tenant must –
(a) accept
the report by signing it and returning one copy to the landlord; or
(b) mark
the modifications the tenant thinks appropriate on the report, initial the
modifications and return one copy to the landlord.
(2) If the tenant does not
take action under paragraph (1) within the period there specified the
tenant is taken to have accepted the condition report.
(3) Within 7 days of
receiving a condition report modified by the tenant under paragraph (1)(b)
the landlord must –
(a) accept
the report as modified by the tenant by initialling the modifications and,
without making further modifications, return a copy of the report to the
tenant; or
(b) attempt
to reach agreement with the tenant as to the contents of the report, which
agreement is signified by both parties initialling all modifications that
remain on the report.
(4) If the landlord does not
take action under paragraph (3) within the period there specified the
landlord is taken to have accepted the condition report as modified by the
tenant.
(5) If within that period
the landlord takes action under paragraph(3)(b) but no acceptance or agreement
is reached, the condition report is not accepted or taken to be accepted for
the purposes of Article 5.
(6) However, in the
situation described in paragraph (5) if the matters goes on to be
considered by the Court or an adjudicator, the landlord and the tenant must
provide to the Court or adjudicator their best evidence refuting the report or
the modifications to it as the case may be.
5 Condition
report conclusive of condition of residential unit
(1) If a condition report
is accepted or is taken to have been accepted under Article 4 by a
landlord and a tenant, the report is conclusive evidence of the condition of
the residential unit and of the provision of, and the condition of, any
fixtures, fittings and movables belonging to the landlord that are at the unit
and are referred to in the report, on the date specified in the report as the
date on which the report is recorded.
(2) However, paragraph (1)
does not apply to any matter that could not have reasonably been discovered on
a reasonable inspection of the unit.
6 Offence
A person who contravenes Article 3 is guilty of an offence and
liable to a fine of level 3 on the standard scale.
7 Citation
This Order may be cited as the Residential Tenancy (Condition
Reports) (Jersey) Order 2014.