The latest legislative development is the Public Health and Safety (Rented Dwellings) (Jersey) Law 201- (the “Rented Dwellings Law”), which the States Assembly approved last December. It will come into force once it has been sanctioned by the Privy Council.

The Rented Dwellings Law was prepared with input from officers from Planning, Housing, Health and Social Services and Jersey Fire and Rescue. Its aim is to set minimum standards across the rented dwelling sector to match those already adopted by the Social Housing sector.

Under the Rented Dwellings Law the Minister for the Environment is made responsible for introducing measures to ensure minimum standards of health and safety are met by rented dwellings. This will be achieved by the Minister making Orders, which among other things may prescribe what structural or other defects to be found in rented dwellings will be regarded as hazards, the method of assessing risks posed by these hazards and the level of risk that is acceptable for any hazard. The Minister is also given the power to prepare, issue and revise codes of practice to provide practical guidance in respect of any provision of the Law or its Orders.

These Ministerial powers are given teeth by the powers of investigation and enforcement contained in the Rented Dwellings Law. There is a range of enforcement options, from the issuing of “hazard awareness advice” to the landlord and/or the tenant through to the issuing of an “improvement notice” to the landlord or, in the most serious cases, the issuing to the landlord of a “prohibition notice”.

Perhaps more controversially, the Rented Dwellings Law gives the States the power to make Regulations to establish a scheme of licensing rented dwellings, and in particular to enable the Minister to issue and charge for licences. Unlike Orders, which are made by Ministers and presented to the States Assembly, Regulations are made by the States Assembly itself, so any proposed Regulations to introduce a licensing system would require a vote of the Assembly.

The meaningful detail in relation to the Rented Dwellings Law will be contained in the Orders and Regulations which are made pursuant to it. Whilst it will, as always, be a case of suspending full judgement until the detail is known, it is heartening that the Minister has made clear to the States Assembly his commitment to achieving the right balance: “I can ensure Members that I will work with them across government to ensure that whatever is necessary to have a strong, vibrant rental sector, where tenants are protected, but landlords can also run their businesses without unnecessary bureaucracy.”

Type

Insight

Locations

Jersey

Share
Twitter LinkedIn Email Save as PDF
More Publications
28 Jan 2022 |

Asset Holding Company Regime – A Jersey Perspective

The UK’s new asset holding company (AHC) regime is expected to come into effect in April 2022.  T...

26 Jan 2022 |

Listing Sustainability-Linked Bonds on The International Stock Exchange

This article provides a summary of Appleby listing agent services in the Channel Islands, and also o...

5 Jan 2022 |

Trustee Knowledge Series: Advanced Paper Six: Overview of protectors 'ad serviendum ac protegendum”

Appleby Private Client & Trust Partner David Dorgan has authored and distributed a series of Tru...

25 Nov 2021 |

Regulatory Approach to ESG across the Crown Dependencies

New requirements may require investment products to display a label reflecting their sustainability ...

24 Nov 2021 |

'Jersey's Relationship with India: Political, Commercial and Cultural Connections'

Jersey First for Finance has recently published a guide entitled ‘Jersey’s relationship with Ind...

18 Nov 2021 |

Trustee Knowledge Series: Advanced Paper Five - Trusts with Reserved Powers

Appleby Private Client & Trust Partner David Dorgan has authored and distributed a series of Tru...

11 Oct 2021 |

Trustee Knowledge Series: Advanced Paper Four: The proper law and place of administration of trusts and courts with exclusive jurisdiction

Over the next twelve months, Appleby Private Client & Trust Partner David Dorgan will author and...

7 Oct 2021 |

Jersey: an evolving global platform: Jersey First for Finance 2021

This article, taken from Jersey ~ First for Finance ‒ Celebrating 60 Years of Finance 1961-2021 wa...

4 Oct 2021 |

Navigating the Jersey M&A landscape (2 of 3)

This is the second of a series of three articles, each dealing with topics to be considered when buy...

Contributors: Andrew Weaver
22 Sep 2021 |

Minute Writing Training

Trustees are under a statutory duty to keep accurate records of their trusteeship, but what does tha...