Minister's Fresh Bid For Rent Control Tribunal

Jersey's Housing Minister is trying again to get States approval for his Rent Control Tribunal

Deputy David Warr faced criticism last summer for the suggested membership, which included the chair of the Jersey Landlords Association Guy Morris.

He remains on the proposed tribunal, but Ian Gray, who is the Finance Director for Seymour's Ltd and on the board of the Jersey Hospitality Association, has withdrawn.

Deputy Warr is asking politicians to agree to a four person panel being set up initially so it can begin to hear tenants' complaints.

"... the Minister would like to call on the Assembly to avoid delaying the establishment of this much-needed statutory mechanism to protect tenants."

The deputy is asking that Simon Burgess be appointed Chairman and Guy Morris, Neil Buesnel and Rose Colley become members until 12 April 2023.

Mr Buesnel is a retired private banker with '30 years’ experience of managing private rental properties in Jersey' and Rose Colley is an advocate, family lawyer and Chair of the Jersey Consumer Council.

The Rental Control Tribunal (RCT) has been at the centre of rows in the States Assembly this summer, after Deputy David Warr proposed its return.

Deputy Sam Mézec, leader of Reform Jersey, said the membership failed to offer a tenants' perspective, for balance.

He remains critical of the proposal, with this lasted revision reigniting the row:

The Housing Minister has proposed an amendment to his proposal for the Rent Control Tribunal which STILL includes proposing the chair of the Landlords Association to be a member and includes NO protection from revenge evictions for tenants who use the Tribunal.

🎪

— Deputy Sam Mézec (@SamMezecJsy) January 3, 2023

Don’t see any mention to the ‘reference back’ requested by the Assembly in your tweet. I think it gives a lot more clarity as to the limitations of the rent tribunal panel. Need to stop playing the man and focus on the ⚽️.

— David Warr (@WarrOnWords) January 3, 2023

Exactly. The Minister has had it explained to him multiple times that he is setting up the Tribunal to fail, he got a bloody nose in the States on this, and now still demonstrates he doesn't have any understanding of the issues at all.

— Deputy Sam Mézec (@SamMezecJsy) January 3, 2023

Acting as an independent body, the RCT would allow islanders to complain about their rent if they feel it is unfairly high, so long as they fit certain requirements.

Deputy Warr 's latest proposal also seeks to clarify issues that led to politicians demanding a reference back when it was debated in November.

The following types of leases may be considered by the RTC:

• A lease under 9 years that does not use the Standard Tenancy Agreement (STA).
• A lease over 9 years (i.e. contract lease) that does not conform with STA.
• A lease of any length that does not use the STA.
• Written lease that conforms with the Residential Tenancy (2011) Law but does not use the STA.
• A lease that includes Board, where value of Board is not a substantial proportion of rent.
• A lease from recognised social housing supplier (i.e., Andium Homes / Housing Trusts) that does not conform with STA.
• A lease over 9 years (i.e. contract lease) that does use the STA.

However, these types of leases will not:

• A lease under 9 years that does use STA.
• Written lease under 9 years that uses the STA but inserts additional agreements as necessary (under Part 4 of STA) that allows it to meet the requirements of the Residential Tenancy (2011) Law.
• Lease that includes Board where value of Board is a substantial proportion of rent.
• Property leased by/to the States (or any administration of the States) e.g. Jersey Property Holdings.
• Lease on property that includes land exceeding 2 vergées (0.8888 acres or 3,597.21 m2).

The three main types of leases in Jersey are periodic, fixed term and contract. It has been made clear there are no plans to bring commercial leases into consideration for future Rental Tribunal related legislation.

The proposal is due to be debated in the States Assembly later this month.