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STATES OF JERSEY
PETS IN RENTAL PROPERTIES
(P.70/2024) – AMENDMENT
Lodged au Greffe on 5th November 2024 by Deputy D.J. Warr of St. Helier South Earliest date for debate: 12th November 2024
STATES GREFFE
2024 P.70 Amd.
PETS IN RENTAL PROPERTIES (P.70/2024)– AMENDMENT
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1 PAGE 2 –
Delete the words "for approval".
2 PAGE 2 –
Substitute the words "any necessary legislative changes to ensure" with the words "guidance to tenants and landlords so".
3 PAGE 2 –
After the words "permitted" insert the words "to request".
4 PAGE 2 –
Substitute the word "legislation" with the word "guidance".
DEPUTY D.J. WARR OF ST. HELIER SOUTH
Note: After this amendment, the proposition would read as follows –
THE STATES are asked to decide whether they are of opinion
to request the Minister for Housing to bring forward, before 31st March 2025, guidance to tenants and landlords so that any tenant of a rental property be permitted to request to keep, or acquire, a pet or pets unless the landlord of the property provides a reasonable reason for not permitting this, and for the criteria determining these reasons to be defined within the relevant guidance.
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P.70/2024 Amd.
REPORT
A legislative framework for pets in rental properties would be an excessive and costly way to solve the issue of allowing pets in rental properties.
The report provided in the original proposition does not provide sufficient statistical information to demonstrate that legislation is needed. Instead, an accepted guidance framework would allow the policy on pets to evolve for the benefit of both tenants and landlords.
Furthermore, enshrining the right to own a pet as the legal default position forces any landlord to demonstrate that any objection is "reasonable", instead of the tenant having to demonstrate that they are able to look after and provide any such pet with a high quality of life.
Introducing legislation also risks introducing unnecessary stress on the relationship between tenants and landlords. This could arise with the right to acquire pets changing the previously agreed terms and conditioners of an existing lease or tenancy agreement. A change to this could be imposed on a landlord with limited options to object.
In conclusion, legislation is not necessary for allowing tenants to have pets in rental properties. With the correct guidance and policy framework, a code of practice could evolve that would be more beneficial to both tenants and landlords and provide less risk for straining of their relationship and contractual agreements.
Financial and staffing implications
Guidance will have to be created by an officer of the Minister's, and the cost of this work is likely to be included in the departmental budget for the year as it will be business as usual.
Children's Rights Impact Assessment
A Children's Rights Impact Assessment (CRIA) has been prepared in relation to this proposition and is available to read on the States Assembly website.
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P.70/2024 Amd.