Bid to tackle "unsafe and squalid" rental accommodation

Tuesday 06 June 2023

Proposals for a licensing scheme to regulate rental properties have been lodged by the Environment Minister in a bid to address "unsafe and squalid" accommodation in the island.

If adopted, the regulations being brought forward by Deputy Jonathan Renouf would make it a requirement for rented dwellings to be licensed under a scheme that would come into force on 1 January 2024.

Deputy Renouf signalled his intention to put forward the proposals in November, citing a "a significant problem with unsafe and squalid private rented dwellings in Jersey". 

Under the draft plans, all properties that fall within the category of "rented dwelling" set out in the island's existing legislation would require a licence, with the exception of those that have an active registration under the Lodging Houses (Registration) (Jersey) Law 1962.

This would mean each individual unit in a block of flats or apartment block would require a licence, as would social housing providers, including Andium Homes. 

It would become an offence to allow a property to be used as a rented dwelling unless it had a valid licence.

Pictured: Deputy Renouf said that the power to withdraw a licence provided a "powerful incentive" for landlords to comply with the standards.

In the report accompanying his plans, Deputy Renouf said: "While minimum standards are already a legal requirement, the Infrastructure and Environment Department, which is responsible for enforcement, continues to identify rented dwellings that are in a state of non-compliance.

"The regulations would provide Environmental and Consumer Protection Officers in the Housing and Nuisance Team with a complete data set of rented dwellings. Using this, officers would be able to carry out proactive, targeted, risk-based inspections and have much easier access to details of the landlords for each property should it be necessary to contact them."

He continued: "There would also be random inspections, so that landlords will not know whether or not an inspection was the result of a complaint or just random selection. This will act as a safeguard to reduce the risk of so called 'revenge evictions' and therefore should encourage tenants to come forward and report their concerns."

The scheme would involve a £60 fee for a two-year licence pertaining to the dwelling, meaning that if the property changed hands during the two-year period it would not require another license payment.

Pictured: Environment Minister Jonathan Renouf said that the regulations would also allow for "random inspections" to make sure properties were compliant.

Deputy Renouf concluded: "There have been comments such as ‘if it ain’t broke, don’t fix it’, but we do have a significant issue with sub-standard rental accommodation, and people are suffering because of it.

"Those behaving badly give landlords who meet and exceed the required standards a bad name. The scheme does place additional requirements on landlords at the outset, but thereafter the burden should be limited."

He added that the "huge additional advantage" of a licensing scheme was that the power to withdraw a licence provided a "powerful incentive" for landlords to comply with the standards.

"The aim is to deal with the worst offenders," said Deputy Renouf. "Minimal cost is involved and this has to be balanced against the wider cost to individuals, families – particularly children – and society if people suffer ill-health through sub-standard accommodation. The reward is for society as a whole."