Under Deputy Jonathan Renouf’s proposed scheme, which aims to introduce “fundamental” safety standards, each individual rented dwelling will require a licence carrying a £60 fee per property for a two-year licence period.
The principle of introducing such a scheme was backed by States Members earlier this year, and the detail will be debated and voted on next month.
Ahead of that debate, the Environment, Housing and Infrastructure Scrutiny Panel has reviewed the suggested regulations, and published a series of recommendations for improving them in a report which details various cases that Citizens Advice Jersey have dealt with so far this year…
The cases…
“One damp issue caused a hole in the ceiling”
• One client came to us with unsafe water supplied to the property (from a borehole). Tests showed nitrate levels higher than the legal EU limit as well as an unsafe coliform bacteria. Client had been ill.
• Eleven cases of mould and damp in property (some clients have explicitly said that this is despite trying to ventilate) that are not being dealt with. One issue of damp caused by a leak in neighbouring flat. One damp issue caused a hole in the ceiling. One mould case affected tenant’s personal belongings.
• Two cases of faulty/illegal boilers. One leading to no hot water.
• Three cases of leaks in property.
• One client with a live electric wire coming out of the electric distribution board.
• Two cases of front doors not properly closing.
• In addition to broken front door, one client also with broken mixer tap, and a window that doesn’t open.
• One client asked to pay an additional month’s rent because the landlord was not happy with the condition they had left it in on vacating.
• One client moved into unclean property (expected to pay for professional cleaning on termination of lease); no access to garden despite mention of it on lease; no smoke detectors; no receipt for deposit; issues with lighting (though what these are are not clarified).
“There is little question… that poor conditions in rental properties do exist”
While broadly supportive of Deputy Renouf’s scheme, the panel suggested that there should be additional safeguards for tenants, including the provision of a helpline by Government “to support both tenants and landlords in relation to licensing queries”, as well as any concerns raised “regarding poor rental accommodation conditions”.
It also said the Government should “consider the benefits or otherwise of introducing fixed penalty notices” for landlords who fail to comply with the law, although it notes that a “grace period” should be applied before penalties or prosecutions are pursued – to allow landlords to become “familiar” with their obligations.
“There is little question in the panel’s mind that poor conditions in rental properties do exist and that this should be addressed,” said panel Chair Deputy Steve Luce. “However, the review set out to answer to what extent the proposed licensing regulations would achieve this without having a detrimental impact on the private rented sector.”
He continued: “Although we can’t predict with complete certainty whether the private rented sector will be adversely affected or not, we believe the recommendations and amendments we have proposed will help mitigate such a risk. We hope the Minister will take these into consideration prior to the States’ debate.”
Deputy Steve Luce said there was “little question in the panel’s mind that poor conditions in rental properties do exist”.
The amendment’s put forward by the panel include a proposed exemption of licensing fees for social housing providers and a bid to include lodging houses within the draft regulations.
The full set of recommendations…
- Landlord ‘toolkit’: The Minister for the Environment should publish a landlord ‘toolkit’ and code of practice by the end of February 2024 containing guidelines of how the law and proposed regulations will be applied in practice.
- How is worker accommodation inspected?: The Minister for the Environment should further explore what existent inspections regimes take place by other accredited bodies in relation to worker accommodation.
- Rental helpline:A helpline should be provided by Government to support both tenants and landlords in relation to licensing queries and concerns raised regarding poor rental accommodation conditions.
- How might stricter controls impact the rental market?: The Minister for the Environment should commission a high-level economic impact assessment on the introduction of licensing and the potential impact on the private rental market. The Minister for the Environment should also ensure that relevant data regarding the value and effectiveness of the licensing regime should be collated and published on a quarterly basis. This data should also be utilised to produce an annual report by Government on the value and effectiveness of the licensing regime.
- Fixed penalty notices: The Minister for the Environment should consider the benefits or otherwise of introducing fixed penalty notices for landlords who fail to comply with the law. However, a ‘grace period’ should also be factored in before penalties and/or prosecution are pursued to allow landlords to become familiar with their obligations.
- Naming and shaming: The Minister for the Environment should consider publishing the names of landlords who commit an offence under the Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) 2018 Law and/or under any subordinate legislation.
The suggested amendments…
The panel has come up with the following set of amendments to the proposed law – each of which will be debated by the States Assembly:
- Second amendment: inclusion of lodging houses within the draft regulations
- Third amendment: define when a licence application is considered to have been made and additional requirements for application – must be made and signed by dwelling owner
- Fourth amendment: replace the word “may” with “must” in regulation 3(1)
- Fifth amendment: clarify provision for licences to be granted subject to any necessary remedial works being carried out within a defined timeframe
- Sixth amendment: remove condition 2(e) from the schedule of standard licence conditions (regulation 3(5))
- Seventh amendment: remove scope for additional conditions to be placed on licences at the Minister for the Environment’s discretion
- Eighth amendment: exemption of licensing fees for social housing providers
- Ninth amendment: initial review by Minister for the Environment and Royal Court appeals process
- Tenth amendment: remove references to “licence holder” and replace with “owner” (and clarify that regulation 2(3) applies to the owner)