Reform challenges 'landlord stacked' rent tribunal

Tuesday 23 August 2022

Reform Jersey is making a push to deliver what they say will be a more "balanced and independent" Rent Control Tribunal after complaining that the Housing Minister had put forward a panel "full of landlords".

They will be asking the States Assembly to agree to a proposition that would require the Tribunal "to be made up of representatives of landlords, tenants, charities and social housing providers".

"This is how it should have been done from the outset," the party said.

It is disappointing that this was necessary. But Reform Jersey will continue to lead the way in promoting measures to alleviate the housing crisis. https://t.co/HWqEst0q8P

— Deputy Sam Mézec (@SamMezecJsy) August 23, 2022

Last week, the party blasted the Housing Minister for proposing a slate of landlords and finance professionals to make up a new tribunal tasked with hearing tenants’ appeals against rent rises.

Deputy David Warr put forward four candidates - among them, the Chair of the more than 200-strong Jersey Landlords Association, Guy Morris - to hold office until April 2023. Those candidates were recommended by the Jersey Appointments Commission (JAC), which oversees the most important public sector appointments, he explained at the time.

The appointments are not final, however, and will have to be approved by States Members in October. 

In response to Reform Jersey, the Housing Minister said that he "welcomes" the proposition. 

I welcome this proposition as it will give the assembly an opportunity to review the way in which such panels are selected

— David Warr (@WarrOnWords) August 23, 2022

Reform Jersey Leader Deputy Sam Mézec - himself a former Housing Minister - last week called the proposed membership a "serious error of judgement" and called on Deputy Warr to reconsider the "inadequate" line-up, as he claimed it created a perception tenants may not be treated fairly.

Pictured: Reform Jersey Leader, Deputy Sam Mézec. 

"The Minister has failed to propose a membership which represents a balance of the perspectives in our society," Deputy Mézec said.

"He has instead chosen to stack it full of landlords, including the chairman of an organisation which opposed the creation of a Tribunal which could allow claims to be made against their members."

In a series of tweets, Deputy Warr fired back: "...[The JAC] 'accepted there will be some negativity around the tribunal members' however they also recognise that 'they wanted to make a positive difference to Islanders lives'.

"'All of the panel members have been tenants, as well as homeowners and/or landlords at some point throughout their lives.'

"'Candidates showed an empathy and understanding of the pressures on tenants with regard to rent, including those struggling with rent increases.'

"'Given the attitudes of those on social media it is even more commendable that these candidates should have put their hat in the ring'."

He then added: "On a personal note I would like to give these individuals a chance. Their actions will be heavily scrutinised and I trust as a result we will end up with a far better legal framework."

While Reform Jersey's proposition has been submitted, it is yet to be published on the official States Assembly website.

The proposed Rent Control Tribunal panel:

Mr Simon Burgess (Chair)

"An independent strategic advisor, independent director, and property professional with over 30 years' experience. Previously as a partner in a City of London firm of Chartered Surveyors and latterly, as managing director of global financial services businesses specialising in real estate and private equity funds. Professionally qualified as a Chartered Surveyor (MRICS), Member of the Chartered Institute of Arbitrators (MCIArb) and holding a real estate Degree in Valuation and Estate Development (BSc, Distinction). Also, a Chartered Director (CDir) and Fellow of the Institute of Directors (FIOD), holding a Diploma in Company Direction (DipIOD). Independent Chair of the Jersey Homelessness Strategic board and member of the Jersey Strategic Housing Partnership Board."

Mr Ian Gray (Member)

"The Finance Director of Seymour's Ltd where part of the role involves dealing with a wide range of general property matters as well as landlord and tenant issues. A Fellow of the Institute of Chartered Accountants in England and Wales. Is a Non-Executive Director of Visit Jersey and the Chair of its Audit Committee. Also serves on the Board of the Jersey Hospitality Association."

Mr Guy Morris (Member)

"Qualified as an English Solicitor in 2004 and admitted as a Jersey Advocate in 2017, but no longer practising. Worked for 16 years as a corporate, fund and banking lawyer (with expertise in real estate structures) in the Jersey office of a leading international law firm. A professional landlord since 2016 and recently elected the Chairman of the Jersey Landlords' Association after having served as an ordinary committee member since 2019."

Mr Neil Buesnel (Member)

"A recently retired senior private banker who worked for the leading global brand, UBS AG for 34 years, advising high net worth individuals and families on the full range of asset classes including real estate. A Chartered Associate of the London Institute of Banking and Finance and a member of the Chartered Institute of Securities and Investments. Has over 30 years' experience of managing private rental properties in Jersey."

Descriptions have been taken from the Housing Minister's report on the proposed appointments, which you can read in full here.