Plans to use police officers or government employees when landlords serve notice to “nuisance” tenants would put undue strain on resources, a Scrutiny panel has said.
Ahead of next month’s debate on the new Residential Tenancy Law, the Environment, Housing, and Infrastructure panel has issued a report based on an extensive review into the new legislation.
The report notes concern from States of Jersey Police about the impact of one area of the law which would, as originally drafted, mean police or government officers would have to attend when tenants are served notice for “repeated or serious nuisance”.
Concern about the potential for “an undue financial and operational burden on key stakeholders” was expressed by Police Chief Robin Smith in a submission to the panel, which has now submitted an amendment removing this requirement from the law.
The report notes that “this procedural step is unlikely to provide any meaningful deterrent to improper use, while simultaneously placing unnecessary strain on already stretched public resources”.
Panel chair Deputy Hilary Jeune welcomed the ambition of Housing Minister Sam Mézec to address challenges in the residential rental market at a time of low public trust in housing fairness, echoing the minister’s aim to address “irresponsible behaviour from a small minority of both tenants and landlords”.
She added: “However, we find that the law, as drafted, is highly complex, having been misinterpreted by all stakeholders in different ways, and risks confusion and misapplication.
“We are therefore lodging a number of amendments and recommendations to strengthen the legislation and clarify procedures.”
Other suggested changes take some decision-making powers away from the Housing Minister and switch these to the States Assembly in order to ensure the independence and effective working of the proposed rent tribunal.
Greater flexibility in the limit by which rental levels can be increased is another of the panel’s measures, along with proposed measures designed to bring greater equality to how rental contracts can be terminated.
Having considered an earlier amendment by Deputy Philip Bailhache regarding fixed-term tenancies, the panel has proposed changing this proposal so that all such tenancies have to be ended by written notice of three months by the landlord and one month by the tenant, both during the term and at the end.
Deputy Jeune concluded that: “We believe these steps will ensure the Residential Tenancy Law fulfils its purpose of better balancing the residential tenancy landscape in Jersey and give peace of mind to both tenants and landlords.”
The panel’s review included around 550 responses to a consultation exercise, and also utilised expert advice from barrister Michael Tomlinson, who held the role of Solicitor General for England & Wales at the time the Renters (Reform) Bill was introduced to the UK Parliament in May 2023.
States Members are set to debate the Residential Tenancy Law, including at least six amendments, as part of a busy schedule for the first Assembly sitting after the summer recess, starting on Monday 8 September.