In recent years in Jersey being a Landlord has become a much more regulated experience.
It is beneficial to use an agent that is a Member of the Jersey Estate Agents Association and also which has a membership of ARLA Propertymark. This means that your agency regularly deals with letting properties and management and receives regular updates from ARLA. Recently in addition to our support for sales agents, the JEAA has widened its remit to cover agents dealing with Lettings.
In this article we cover various items relating to letting a property.
The Residential Tenancy (Jersey) Law2011 applies to all new residential tenancies of 9 years or less from 1 July 2013 or tenancies which are changed or renewed, and applies to all self-contained units including houses, flats, bedsits and studio flats.
Self-contained accommodation is defined as accommodation that consists of all facilities - bath or shower, wash basin, toilet, kitchen or kitchenette and a place to sleep.
The law applies to all accommodation, whether let on a weekly basis, monthly basis or fixed term basis of less than nine years.
To comply with the law, a new lease must:
· Be in writing and signed by both parties
· Contain a description which identifies the self-contained unit
· Include the date when the residential tenancy starts
· Include the date (if any) when the residential tenancy comes to an end
· Include the name, address or business address of the landlord and / or managing agent
· Include the rent amount and the frequency of payment
· Include the name of the person to whom rent is paid
· Include the amount of any deposit / guarantee to be held and how and when it will be repaid
· Include the rent review date (if any) and the basis of the review eg Jersey Cost of Living Index
· Include an inventory of contents owned by the landlord
A new lease must NOT include:
· An obligation for the tenant to buy any fixture or fittings
· An obligation for the tenant to pay a premium or key money
· Any restriction on the tenant fixing things to or removing things from walls provided the tenant fixes any damage caused as a result
· A provision which allows you (the landlord) to unreasonably withhold or delay consent to any reasonable request by the tenant
From Monday 2 November 2015, all deposits placed to rent a home in Jersey must be protected in the Government’s approved tenancy deposit scheme, MyDeposits Jersey.
Deposits are protected for the length of the tenancy and will be paid back to the tenant, less an administrative fee provided they:
· meet the terms of the tenancy agreement
· don’t damage the property
· pay their rent and bills
The Public Health and Safety (Rented Dwellings – Minimum Standards and Prescribed Hazards) (Jersey) Order 2018 came into force on 1 October 2018 to ensure that all rented dwellings are safe and do not contribute to poor mental and physical health.
In addition to the above, landlords are advised to consider other factors such as:
· install a smoke alarm on each floor of accommodation
· install a carbon monoxide alarm in any habitable room that has a gas, wood, oil, coal or similar heating system
· have an annual gas safety inspection and provide tenant with copy of inspection document
· carry out an electrical safety inspection by a recognised electrical engineer every 5 years
· consider any other factors that maybe high risk such as irregular depth of stairs
If are letting a property please contact a JEAA Member Agent that deals with Lettings & Management of property and is also a member of ARLA Propertymark.