Dwelling-Houses
(Rent Control) (Jersey) Regulations 1946[1]
1 Definitions
In these Regulations –
“lessor”,
“lessee”, “register” and the “tribunal”
have the same meaning as in the Law;
“contract”
means a contract to which the Law applies;
“Law” means
the Dwelling-Houses
(Rent Control) (Jersey) Law 1946.
2 Tenure of office of members of the tribunal
(1) The
chairman and other members of the tribunal shall hold office for a period of 12
months ending on 12th April and shall be re-eligible.
(2) The
chairman or any member of the tribunal shall cease to hold office –
(a) if the
chairman or member tenders his or her resignation in writing to the Minister;
(b) if the
chairman or member appoints a special attorney without whom the chairman or
member may not transact in matters real or personal;
(c) if,
under Part 4 of the Capacity and
Self-Determination (Jersey) Law 2016, a delegate is appointed in
relation to the chairman or member; or
(d) if,
without reasonable excuse, the chairman or member absents himself or herself
from 3 consecutive meetings of the tribunal. [2]
Proceedings before the
tribunal
3
(1) A
person desirous of referring a contract to the tribunal, or of referring a case
to the tribunal for reconsideration of the rent entered in the register in
respect of any premises, may do so by lodging with or sending to the clerk of
the tribunal an application in writing asking the tribunal to consider the
contract or reconsider the rent, as the case may be.
(2) The
application shall specify the address of the premises to which or to part of
which the contract relates, the names of the lessor and lessee and the address
of the lessor, and, in the case of a reference for reconsideration of the rent,
the ground on which the application is made.
4
(1) Where
any reference is made to the tribunal, the tribunal shall give notice in
writing to each party to the contract informing the party that the party may,
within such time (not being less than 7 days from the date of the notice) as
the tribunal may allow, either –
(a) give
notice to the clerk of the tribunal that the party desires to be heard by the
tribunal; or
(b) send
to the clerk of the tribunal representations in writing for the consideration
of the tribunal:
Provided that the tribunal
may extend the time stated in the notice.
(2) In
the case of a reference for the reconsideration of the rent, the tribunal
shall, at the same time as notice is given as aforesaid, inform the party or
parties, other than the applicant, of the ground on which the application is
made.
5
If any party to the
contract gives notice to the clerk of the tribunal that the party desires to be
heard, the tribunal shall give to each party not less than 4 clear days’
notice in writing of the time and place at which the parties will be heard.
6
At any hearing before the
tribunal, a party to the contract may appear in person or be represented or
accompanied by any person whom the party may wish to represent or assist the
party at the hearing.
7
(1) Subject
to the provisions of these Regulations, the procedure at a hearing shall be
such as the tribunal may determine, and the tribunal may, if it thinks fit,
and, at the request of either party, shall, unless for some special reason the
tribunal considers it to be undesirable, allow the hearing to be held in
public.
(2) The
tribunal may postpone or adjourn the hearing from time to time as it thinks
fit.
8
(1) The
decision of a majority of the tribunal shall be the decision of the tribunal.
(2) The
decision of the tribunal shall be in writing, signed by the chairman, and shall
be sent, as soon as may be, to the parties to the contract and to the Minister.
9 Service of notices
Where any notice is
required or authorized by the Law or by these Regulations to be given by the
tribunal, it shall be sufficient compliance with the Law or the Regulations if
the notice is sent by post in a pre-paid letter addressed to the party for whom
it is intended at the party’s usual or last known address.
10 Information to be given by lessors
The particulars regarding
which the lessor in a contract referred to the tribunal may be required, under Article 4(1),
to give information to the tribunal shall be those set out in Schedule 1.
11 Register
(1) The
particulars to be furnished by the tribunal to the Minister and to be entered
in the register in pursuance of Article 5 of the Law shall be those set
out in Schedule 2 to these Regulations.
(2) The
register shall be open to inspection at an office of the Housing Department
during the normal business hours of that office.
(3) The
fee for a certified copy of an entry in the register given in accordance with
the provisions of Article 9(2) of the Law shall be 5p.
12 Citation
These Regulations may be
cited as the Dwelling-Houses (Rent Control) (Jersey) Regulations 1946.
SCHEDULE 1
PARTICULARS REGARDING WHICH
LESSORS MAY BE REQUIRED TO GIVE INFORMATION
(Regulation 10)
1. The
address of the premises to which or to part of which the contract relates.
2. The
name of the lessee.
3. Total
accommodation in house and outbuildings.
4. Accommodation
in the house occupied by the lessee (a) exclusively (b) in common with any
other person.
5. Accommodation
in the outbuildings occupied by the lessee (a) exclusively (b) in common with
any other person.
6. Where
the area of the land occupied by the lessee exceeds 5 perches, the approximate
area of the land.
7. Furniture
provided by the lessor for the use of the lessee.
8. Services
provided by the lessor for the use of the lessee.
9.
(1) (Where the lessor is the owner) – In what
manner the lessor became owner; at what date; if the lessor bought the
premises, the price paid; and the amount of interest on any rentes, mortgages or other charges on the premises.
(2) (Where the lessor is not the owner) – The rent
payable by the lessor to the lessor’s superior landlord in respect of (a)
the premises, or (b) that part of the premises which is rented by the lessor
from the superior landlord.
10. Rates
payable by the lessor in respect of (a) the premises, and (b) the accommodation
occupied by the lessee where this accommodation has been separately assessed
for rates.
11. Payments
contracted to be made by the lessee to the lessor, and, if separate payments
are made in respect of occupation, furniture and services, the separate
payments in respect of each class.
12. Whether
board is supplied and, if so, the nature and amount of the board.
SCHEDULE 2
PARTICULARS TO BE ENTERED
IN THE REGISTER
(Regulation 11)
1. Specification
of the premises to which the contract referred to the tribunal relates,
stating, where the contract relates to a part only of the premises –
(a) accommodation of which the lessee is
entitled to exclusive occupation;
(b) accommodation
of which the lessee is entitled to the use in common with any other person.
2. Names
and addresses of parties to the contract referred to the tribunal.
3. Whether
furniture is provided by the lessor for the use of the lessee and, if so,
whether the premises are furnished by the lessor fully, or in part, or to a
slight extent.
4. Services
provided by the lessor.
5. Whether
board is supplied and, if so, the nature and amount of the board.
6. Rent
as approved or reduced or increased by the tribunal.
7. Date
on which the entry is made in the register under head 6.