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YOUR FINANCES
The Residential
Revolution
byTARA FAMILY
Explores the changes in law relating to residential tenancies
SOLICITOR
Voisin Law and tells us everything that landlords and tenants will need
to look out for.
Since the draft Residential Tenancy (Law) (‘RTL’) - the tenant is not required to purchase any fixtures
was approved by the States of Jersey in July and fittings in respect of the property.
2009, it has been anticipated that the new law,
regarding tenancies of residential property, will - the tenant is not required to pay a premium for the
come into force by the end of the year. property.
The ‘RTL’ will affect landlords and qualified residential • The tenant must be given at least one working day to
tenants entering into, varying or renewing tenancy read the RTA. This does not just apply to a new RTA
agreements for a term of nine years or less or without a but also to a variation or renewed agreement.
specified term. The main benefit being that it will afford
all parties a greater level of protection when it comes to Deposit
their tenancy agreement. There had been cause for stringent legislation relating
to deposits, similar to the new laws that have been
The new law will incorporate the ‘Residential Tenancy introduced in the UK. However, with the RTL there is
Agreement’ (‘RTA’), which is an agreement under which no longer a requirement to clarify where deposit
residents are granted exclusive occupation of a monies are to be held and who by. Instead it simply
property. The advantage of an RTL is that it sets out a requires that a landlord must provide a tenant with a
number of provisions with regard to issues that have in receipt as soon as possible after they have paid their
the past become problematic for both landlords and deposit.
tenants.
Periodic tenancies
The RTL lays down the following requirements of A periodic tenancy, being one that may be continually
all RTA’s: renewed and may only be terminated by a landlord
• The RTA must be in writing, signed by both parties upon notice to the tenant in writing. This notice must
and contain the following information: also be served at least three months before it is to
take effect.
- a description of the property..
A termination notice given by a tenant must again be in
- the commencement date and expiry date or term. writing, however, must only be served at least one
month before it is to take effect.
- the name of the landlord.
These provisions
- details of a managing agent, if there is to be one, also apply to an
details regarding rent, payment of rent and rent RTA that has no
review (if any). specified term.
- the amount of any deposit and details as to how Uninhabitable
and when it is to be repaid. premises
If during the
- an Inventory of contents. term of an RTA
the property
• All RTA’s must provide: becomes
- that the tenant may remove anything that the uninhabitable
tenant has fixed to the property, provided the through no
tenant makes good any damage caused in doing so. fault of the
tenant, the
- where landlord consent is required, this may not tenant shall
be unreasonably withheld or delayed. not be
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