Status of occupiers
A Tenancy Exists
- If the accommodation is self-contained and five criteria are satisfied:
- The occupier has exclusive use of the accommodation i.e. the landlord does not have unrestricted access. A landlord has no right to a key and locks may be changed.
- There is a fixed rental term i.e. weekly, monthly payments. Leases are obligatory under the Residential Tenancy (Jersey) Law 2011
- Payment is made to the landlord and not to the owner of the property unless the owner is the landlord.
- The tenant must be chosen by the landlord and not the owner of the property, unless the owner is the landlord.
- 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
The occupier of a property is permitted to provide accommodation for payment 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 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. Any rent paid in advance must be refunded. Asking a lodger to give a notice period is providing unlawful security of tenure so is not enforceable, even if there is a signed agreement.
A Lodger in a Registered Lodging House
Occupiers of accommodation in registered lodging houses can lease registered property as a main place of residence. Many owners of registered lodging houses provide their lodgers with a lodging agreement but lodgers cannot enter into a lease.
For more information see here.