Deputy calls for law change after fire that left six families homeless

Sunday 14 February 2021

A politician is pushing for Jersey's Residential Tenancy Law to be changed following a fire at St. Aubin that left six families homeless the week before Christmas.

St. Brelade Deputy Montfort Tadier says there needs to be more safeguards in place to ensure landlords are required to provide alternative accommodation for a tenant if a property becomes uninhabitable.

As the law stands, if a home becomes uninhabitable through any event other than a malicious act from a tenant, "they are not required to pay any rent or other amount payable under the agreement in respect of any time during which the residential unit is uninhabitable."

However, Deputy Tadier is highlighting how this leaves a loophole whereby landlords can avoid the responsibility of housing tenants in an event like a fire, and says he has been talking to Ministers and policy officers to push for change.

He emphasised that the problem is "not theoretical", but had a real impact on those affected by the St. Aubin blaze in December.

and the occupants of the top flat have suffered from smoke damage and have sadly lost one of their cats.
Given the property now can’t be occupied we’re trying to find short term accommodation until such time as remedial work is completed. #PoSB

— Parish of St. Brélade (@StBreladeJsy) December 15, 2020

Pictured: The Parish had to step in to help the families find accommodation at the time.

“The initial reaction of the landlord was to inform the tenants that their leases had been terminated. This was not the case," Deputy Tadier, who spearheaded a fundraising effort for those made homeless last year, said.

“Some of the tenants were offered alternative accommodation, but only for two or three weeks and some remain in temporary accommodation, having to foot the bill either through their own insurance or using their own money. This cannot be right. 

“There should be some kind of duty of care on the part of the landlord as long as the tenancy agreement is in place.”

One of the residents who was affected by the St. Aubin Fire, who wished to remain anonymous, said the saga left them feeling insignificant.

Pictured: One of the St. Aubin residents affected by December's fire said they felt they had been left to "fend for themselves".

“It’s not right to just wash their hands of the situation and just discard you, like you don’t matter anymore," they said.

“I’m really disgusted at not knowing where I might end up and I will have to pay out. It’s as if they don’t care."

Another remarked that those affected felt they had been left to “fend for themselves”.

Deputy Tadier said a law change "should be common sense", adding: “If you were renting a car which became faulty, you would expect it to be replaced for the duration of your contract, at no extra cost to you. 

“A home is much more important than a car, and it is time the law reflected that."

Pictured top: Fire crews dealing wth the St. Aubin fire in December.