Status of occupiers
A Tenancy Exists ( Only if it is self-contained )**
- If five criteria are satisfied:
- 1] The occupier has exclusive use of the accommodation ie the landlord does NOT have unrestricted access. A landlord has no right to a key and locks may be changed.
- 2] There is a fixed rental term ie weekly, monthly payments and notice. Leases are obligatory under the Residential Tenancy (Jersey) Law 2011
- 3] Payment is made to the landlord and NOT to the owner of the property unless the owner is the landlord.
- 4] The tenant must be chosen by the landlord and not the owner of the property, unless the owner is the landlord.
- 5] The prospective tenant will have to prove residential status.
** Self-Contained accommodation: Must contain a bath or shower, a washbasin, a kitchen or kitchenette a place to sleep and a toilet for the exclusive use of the tenant.
A Lodger in Private Lodgings - (Not self contained unit)
The occupier of a property is permitted to provide accommodation for reward for up to 5 people who can occupy the accommodation as lodgers. Children of any age count as persons for the purposes of the Law. The occupier must offer each of their lodgers a service, must retain exclusive rights over the accommodation occupied by the lodgers and must maintain the right to unrestricted access to the accommodation at all times.The occupier must not provide the lodgers with any security of tenure and shall be entitled to require the lodgers to vacate the accommodation without notice.
A Lodger in a Registered Lodging House
Occupiers of accommodation in registered lodging houses can lease registered property as a main place of residence provided that it is self-contained units. Many owners of registered lodging houses provide their lodgers with a lodging agreement in a format approved by the Lodging House Association and the Housing Minister.
For more information see www.gov.je/Home/RentingBuying/HousingLaws/Pages/TenantRights.aspx