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A set of twin strategies to give renters more rights – proposed just days apart by the Housing Minister and his predecessor – are set to be debated in the States Assembly next week... But what will change if they are passed?
Express takes a close look at what both sides are putting forward...
At the sitting starting on 2 May, States Members look likely to be debating a paper from Housing Minister David Warr, and plans put forward by Reform Jersey party leader, Deputy Sam Mézec.
On 15 April, Deputy Warr announced his plans to gives tenants more protection, just days after Deputy Mézec proposed rent control measures aimed to outlaw "exploitative practices".
Both proposals include introducing open-ended tenancies to offer more security of tenure and protection against so-called 'revenge evictions'.
If the propositions are approved, Jersey could see measures put in place to protect rental tenants for the first time.
Deputy Sam Mézec's proposals include a form of rent control, a move to open-ended tenancies, and the establishment of a body for both landlords and tenants to resolve disputes.
His proposition is based on Reform Jersey's 'Housing Crisis Action Plan', which was published during the 2022 election campaign.
Pictured: Deputy Sam Mézec was a former Housing Minister.
Deputy Mézec's original proposition included plans to ban rent increases from being imposed in the first three years of a tenancy, and thereafter no more than once a year.
However, in an amendment to the proposition lodged on 25 April, he removed the reference to the three-year time limit, and updated the proposition to instead simply limit rent increases to no more than once a year following conversations with other States Members.
Deputy Mézec explained: "I am proposing this amendment to remove the reference to a three-year rent freeze at the start of tenancies, so that the part about limiting rent increases to once a year may be voted on in isolation."
"Any matter concerning rent freezes at the outset of a tenancy can be left over for wider consultation and consideration," he added.
Pictured: Deputy Mézec hopes that his proposition will help combat the cost of living crisis.
Deputy Mézec's proposals also include requiring at least three months notice for tenants before a change can be made to their rent.
The Reform Jersey leader has also proposed that the amount rent can be increased by should be capped by a "measure of affordability" – which he suggest could be determined by "the increase in the Average Earnings Index or the average of the Retail Prices Index over the three preceding years" for example.
Just announced that the updated RPI figure for March was the same as December - 12.7%.
— Deputy Sam Mézec (@SamMezecJsy) April 26, 2023
More bad news for tenants who have rent review clauses automatically imposing an RPI rent increase.
Another reason we need rent control.
Deputy Mézec also proposes to abolish “no fault evictions” — which allow landlords to end periodic tenancies with just three months notice without having to give any reason — by establishing open-ended tenancies as the default tenure, and requiring enhanced notice periods for tenants based on how long they have lived in the property.
Pictured: Deputy Mézec says that many renters are just three months away from facing homelessness due to "no fault evictions".
The St Helier South deputy is also proposing that a “fit-for-purpose” Rent Tribunal should be established to “provide both tenants and landlords with an outlet to resolve any disputes which arise because of the intricacies of rent control being introduced”.
He explained that the current Petty Debts Court system is “undesirable for multiple reasons”, including creating a “great imbalance of power” where “the tenant has far more to lose”.
“Sometimes the mere threat of a Petty Debts Summons can provoke a tenant into giving up standing up for themselves,” he explained.
Pictured: “Sometimes the mere threat of a Petty Debts Summons can provoke a tenant into giving up standing up for themselves."
Deputy Mézec's proposals also include a caveat which requests the the Housing Minister to bring forward the necessary legislation to allow the proposed rent controls – if approved by the States Assembly – to be introduced by the end of this year.
On 14 April, Deputy Warr announced his own said the main aim of his move was to provide more rights and protections for tenants and landlords in a "broadened and improved" law.
Writing on Twitter, Deputy Mézec said the Government paper on the subject "vindicates most of the policies I have proposed" and provided "good grounds" for members of the Government to support his proposition.
Deputy Warr said his approach set out how the scope of the Residential Tenancy Law would be broadened and improved, including:
introducing open-ended tenancies to offer more security of tenure and protection against so-called ‘revenge evictions’.
Increasing minimum notice periods for tenancies.
Limiting the amount and frequency of rent increases during tenancies.
Establishing a new Housing Tribunal to consider a 'wide range' of residential tenancy issues.
Formalising requirements for social housing provision.
Pictured: Both proposals include introducing open-ended tenancies to offer more security of tenure and protection against so-called 'revenge evictions'.
Deputy Warr said: “In my ministerial plan, I made a commitment to bring forward proposals that will improve residential tenancy issues in Jersey.
“Planning is already underway – with law drafting instructions in place – and which I will consider updating after I have heard people’s views.
“I want to see comprehensive improvements to the level of protection afforded to both tenants and landlords, and I’m pleased to be able to now share details on how I propose to take this forward.”
This will be the biggest change to housing legislation in over a decade. Please take part and help us develop a fit for purpose law in time for the first quarter of 2024. https://t.co/m8XtZGR0mg
— David Warr (@WarrOnWords) April 14, 2023
Islanders will be able to give their views at gov.je/consultations ahead of a closing date of 9 June.
The minister added: “I am determined that this [consultation] will not delay the delivery of this vitally important new legislation.”
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