Jersey "rented dwellings" – regulations and guidance for landlords

This article features in the autumn 2024 issue of the Channel Islands Property Newsletter.

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The Public Health and Safety (Rented Dwellings) (Jersey) Law was introduced in Jersey in 2018 to set minimum rented dwelling standards. It gives the Housing Minister power to:

• enact subordinate legislation to set minimum health and safety standards for rented dwellings; and
• establish a licensing scheme for rented dwellings and to charge for doing so.

The first part was addressed in the form of the Public Health and Safety (Rented Dwellings – Minimum Standards and Prescribed Hazards) (Jersey) Order 2018, which set minimum health and safety, fire, gas and electrical standards for rented dwellings on the Island.

The second part was addressed this year (2024) via a scheme brought into effect by the Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations (the Regulations).

The explanation accompanying the draft Regulations says:

As from 1 August 2024, following a transitional phase, the Regulations make it unlawful to allow an unlicenced rented dwelling to be occupied.

What is a rented dwelling?

A "rented dwelling" includes social rental housing, but does not include commercial tenancies. It also does not include accommodation which is registered under other legislation such as lodging houses, tourist accommodation and nursing homes.

Any part of a dwelling not covered by other legislation will still require a licence, for example a caretaker's flat.

Where a person is both the owner and occupier of a dwelling and allows it to be occupied by up to two other people, for reward, that dwelling is not a rented dwelling for the purposes of the Regulations.

Registration

A £60 fee is payable for a two-year Rented Dwellings Licence. This licence attaches to the rented dwelling, not the landlord, and a separate licence is necessary for each unit.

If a dwelling changes hands during the two-year period, notification is required but no further fee is payable.

Applications are required to be made online, evidencing:

• an Electrical Installation Condition Report;
• a Gas Safety Inspection (required where there is a gas supply even if no appliance is connected/where the supply has been capped within the property);
• a fully operational smoke alarm on each storey (even where no residential accommodation is on that storey); and
• a fully operational carbon monoxide detector in each room where oil, gas, wood, coal or similar fuel are burned.

A landlord is also required to take action if any of 29 listed hazards are beyond an acceptable level.

Data and inspections

A database of rented dwellings will be developed, and the data used to make targeted inspections alongside random inspections, so that landlords will not know whether an inspection was the result of a complaint or a random selection.

If a dwelling fails to comply with minimum standards and the landlord fails to make improvements within a specified period, the licence can be withdrawn.

Where a rented dwelling is let out without a valid licence, the landlord can be liable to a  fine of up to £10,000 and to prohibition from letting out the property until a licence is in place.

Further guidance for landlords

The Government of Jersey has provided guidance in the form of a Rented dwellings licensing toolkit. This includes a link to a 124 page Code of Practice for those with a very keen interest in the subject.