Guidance Residential Tenancy Law

Introduction

This simple guidance note brings to your attention the existence of a Jersey law which considers your rights and obligations as they relate to a Residential Tenancy Agreement, made or amended after the year 2011. If you would like read further information, a copy of The Residential Tenancy (Jersey) Law 2011 can be found online at www.jerseylaw.je.

The Law

The Residential Tenancy Law applies to all Andium Homes Ltd Tenancy Agreements entered after the Law was introduced in 2011, or tenancy agreements that were entered into before 2011 but that have been changed or amended after that date.

Essential Requirements of the Law

Your new Andium Homes Tenancy Agreement or any amendments made to your existing agreement will always be made in writing and include the “Essential Provisions” outlined in the Law information such as your full name, when you’re agreement starts and ends, the rent payable and frequency of payments… are amongst the requirements. In addition to these “essential provisions” your agreement recognises that;

  1. You must remove anything that you have previously fitted to your home, provided that you make good any damage caused as a result;
  2. Where you seek our consent, in relation to your occupation it will not be unreasonably withheld or delayed;
  3. You are not expected to purchase any fixtures, fittings or moveable property associated with or in respect of the residential unit, and
  4. You will not be asked to pay any premium, or key money before you take occupation.

Terminating your Tenancy

In keeping with the requirements of the Law you are required to give us one (1) months’ notice to terminate your agreement. We are required to give you three (3) months’ notice to quit your property should the need arise.

Your Rights

If your home becomes uninhabitable at any point during the tenancy, due to any event (other than a malicious act of the tenant), you are excused from paying the rent or other sums during that period. An order, issued by the Petty Debts Court, can be requested by either you or Andium Homes to vary or terminate your tenancy agreement, when it is considered justified to do so.

Under the terms of the Law Andium Homes cannot prevent you from occupying any part of your home (as it relates to your agreement) and we cannot interfere with the way you enjoy your home, provided your use does not contravene the requirements of our agreement.

We must give you a copy of your agreement when it is made, varied or renewed and a receipt for any deposit (if any) you pay.

Our Rights

Under the Law we can ask the Petty Debts Court to make an order of  eviction if you fail to give-up your home at the termination of our agreement, or;

  1. Where you have breached one or more of the terms of our agreement; or
  2. You have failed to remedy a breach having been first notified of its occurrence; or
  3. You have failed to comply with such a notice.

The Petty Debts Court has discretion to determine whether your breach is sufficiently serious enough to warrant eviction. It has exclusive jurisdiction over all tenancy agreements and can make orders relating to payment of rent, damages, adjusting the rights between the parties or terminating your tenancy.

Government of Jersey

It is within the powers of The Housing Minister to make amendments to the ‘terms and conditions’ that may be included within a Residential Tenancy Agreement and to set prescribed standard forms for their creation.

The Minister may also vary how the law is applied, as it relates to specific types of agreement or classes of tenancy.

Last modified: 10/03/2020

See also
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