Scrutiny Report and Amendments to the proposed Residential Tenancy Law
Scrutiny
26 August 2025
The Environment, Housing, and Infrastructure Scrutiny Panel (the Panel) has published its Report following a Review into the proposed amendments to the Draft Residential Tenancy (Jersey) Amendment Law 202-. The Report includes nine Amendments and 18 Recommendations. This was as a result of an extensive evidence-gathering process, which saw over 300 responses from experts, landlords, tenants and wider stakeholders. During the Review process, Hearings were held with: the Minister for Housing, Deputy Sam Mézec; the Jersey Estate Agents Association; Jersey Landlords Association; and Caritas Jersey. The Panel also held several outreach events with the public, including two in Portuguese, and received almost 250 responses to a tenant survey.
Due to the technical legal nature of the legislation, the Panel was keen to draw on the expertise of an advisor and Rt. Hon. Mr Michael Tomlinson was appointed. As well as being recognised as a senior barrister (King’s Counsel), Mr Tomlinson is also a former Solicitor General for England & Wales for the Conservative Party at the time the Renters (Reform) Bill was introduced to Parliament in May 2023, and a member of the UK Privy Council.
Deputy Hilary Jeune, Chair of the Environment, Housing and Infrastructure Panel, said:
The Panel welcomes the Housing Minister’s ambition to address the current challenges in the residential rental market in Jersey; at a time when public trust in housing fairness is low and there is a need to address ‘irresponsible’ behaviour from a small minority of both tenants and landlords. There is a recognition of the need to strengthen tenants’ rights, clarify landlords’ responsibilities, and establish a more transparent, accountable framework for rental housing.
'However, we find that the Amendment 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, as well as providing for a robust post-implementation review.
We believe that these will ensure the original aim of the Amendment Law will fulfil its purpose of better balancing the residential tenancy landscape in Jersey and give peace of mind to both tenants and landlords.’
Key Recommendations and Amendments
- Tenants raised concerns about rent increases and while there was some debate in the market, most landlords follow best practice and welcomed clarity on an annual increase. There were however, widespread concerns from landlords and their representatives on the 5% or RPI rent increase limit. The Panel found that the Minister had drawn on various economic papers and reports in relation to this figure, and there was no evidential justification to recommend changing it. However, the Panel has lodged an Amendment to allow the percentage rent increase figure to be both increased and decreased by Regulations, while setting a statutory floor so that the figure cannot be reduced below 5%.
- The Panel has also lodged two Amendments to ensure the independence and effective working of the proposed Rent Tribunal by taking some decision-making powers out of the Minister’s hands and ensuring that they are made by the States Assembly.
- The Panel has made a series of Recommendations and lodged five Amendments to ensure equality in how rental contracts can be terminated including a Recommendation for the Minister to clarify the definition of a serious breach and to remove the requirement for a Police Officer or States employee’s attendance for a landlord to serve notice for a ‘repeated or serious nuisance’. This is following stakeholder concerns that it risks misdirecting public resources, and instead the Petty Debts Court will consider evidence provided by the Landlord.
- The Amendment Law also introduces a two-tier penalties regime, with a new criminal offence for a landlord to knowingly or recklessly give a false or misleading reason for ending a tenancy. An Amendment has been lodged to remove criminal penalties from the primary legislation and put it into the secondary legislation. Further to this, the Panel has recommended that the Minister for Housing must develop both the civil and criminal offences in a cohesive manner in secondary legislation.
All the EHI Amendments are being lodged as the fourth Amendment, in 12 parts
The Panel is also proposing an amendment to Deputy Philip Bailhache’s Amendment
You can view a digital summary of the Review findings
You can read the full Report on our website.
