Jersey: Changes To The Rights And Responsibilities Of Landlords And Tenants In Jersey

Last Updated: 11 December 2018
Article by Katharine Marshall

Most Read Contributor in Jersey, July 2019

Letting out property in Jersey was once a strictly private affair between a landlord and a tenant but, for some tenants, this came at the risk of uncertainty, an uneven playing field and at worst exploitation.

 It is now more than five years since the first in a series of laws and regulations came into force in Jersey, beginning a more regulated regime.

Minimum standards for rental accommodation

1st December 2018 saw the introduction of legal minimum standards for Jersey rental accommodation. The Public Health and Safety (Rented Dwellings – Minimum Standards and Prescribed Hazards) (Jersey) Order 2018 specifies certain minimum requirements to ensure properties do not pose a risk to the health and safety of tenants. Under the Order, landlords must:

  • install and keep in good working order, smoke alarm on each storey of rented accommodation (whether or not that storey has a habitable room)
  • install and keep in good working order, a carbon monoxide alarm in any habitable room of a rented dwelling with an oil, gas, wood, coal or similar burner/heater
  • have an annual "Gas Safe" inspection of any rented dwelling with a gas supply and provide a copy to the tenant and retain the inspection record for, generally, at least 2 years
  • commission a professional electrical inspection before any new / renewed tenancy or within 5 years of the last inspection and again provide a copy to the tenant and retain the inspection record for, generally, at least 5 years

The Order lists various matters deemed to be hazards to the health and/or safety of tenants. Environmental Health officers are given the power to enter rented premises to asses hazards and take immediate action if a tenant is deemed to be at reasonably foreseeable risk of harm.

Rent Safe Scheme

Rent Safe is a voluntary accreditation scheme for landlords where an environmental health officer inspects a rented property and, if it passes, issues an accreditation for the property with a 3, 4 or 5 star rating. This can provide useful reassurance for a tenant that their proposed landlord takes tenant welfare seriously and is likely to act to resolve any issue quickly to ensure standards are maintained. Tenants can search for accredited landlords here 

What's in a lease?

The Residential Tenancy (Jersey) Law 2011 came into effect in May 2013 and applies to all new leases of self-contained dwellings of a term of nine years or less, or those leases varied or renewed after that date.

The legal distinction between a tenant and a licensee or lodger is maintained, so licences are not affected. However it remains important to remember that the Court will look to the substance of an agreement, rather than its label, when determining whether any particular agreement is a lease or a licence.

Under the law, all leases must be in writing and signed by or on behalf of the parties, and include:

  • The start and end date(s) (if any)
  • A description of the leased premises
  • The name and address of the landlord or managing agent
  • The rent and frequency of payment and payee details and any rent review provisions
  • Inventory of the landlord’s contents.

A tenant must be given at least one working day to review the lease before signing and be given a copy of the lease as soon as possible after signature.

A tenant must also be allowed to remove anything they've attached to the property so long as they repair any damage caused and the lease cannot force a tenant to buy any of the landlord's contents nor make any premium or key money payment.

A landlord cannot unreasonably delay or withhold consent to anything which requires prior approval such as keeping a pet.

If a fixed term has ended but the tenant stays in the property, there are now fixed notice periods to end the lease - at least 3 months’ written notice by a Landlord or at least one month from a tenant. If both parties agree to end the tenancy there is no need to serve notice, but the decision is probably best covered in writing.

These provisions will be deemed to be part of the lease even if not included (anything inconsistent with the 2011 Law will be void) and it is an offence to attempt to defeat, evade or prevent the operation of the Law, punishable by a fine of up to £2000.

Condition reports

Condition reports were introduced by the Residential Tenancy (Condition Reports) (Jersey) Order 2014 to try to reduce disputes at the end of leases.

A condition report records the physical condition and state of repair of a property when a tenant moves in. Within seven days of a tenant agreeing to live in the property, a Landlord must provide two copies to the tenant to sign or change it (failure to do so risks a fine of up to £2000).

Disputes may need to be referred to arbitration or even Court.

Rent deposit scheme

From 2 November 2015, any landlord taking a deposit for a new lease must put the money into the States appointed scheme with within 30 days of the date of the lease or risk a fine of up to £2000.

At the end of the tenancy, if the parties agree the amount of deposit to be repaid, the scheme administrator will be notified and must release the amount within 5 days (subject to deduction of a small administration cost). Disputes will be referred to a new alternative dispute resolution (ADR) service funded by the scheme, or ultimately to Court.

And don’t forget…

All landlords must also:

  • check all tenants have an in-date registration card showing the relevant housing status and photo ID and take copies of these
  • complete a change of address notification within three months of your new tenant moving in, giving details of everyone who has moved into your property (even if it is not a self-contained unit). Both the landlord and tenant must sign the form which must then be sent to the Population Office

A change for the better?

For the estimated one third of all Islanders who live in rented accommodation and their landlords, these changes have brought clarity, certainty and, in a few cases, much needed protection.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions