Draft Residential Tenancy (Jersey) Amendment Law 202- (P.24/2025): amendment (P.24/2025 Amd.) – amendment.

STATES OF JERSEY

DRAFT RESIDENTIAL TENANCY (JERSEY) AMENDMENT LAW 202- (P.24/2025): AMENDMENT (P.24/2025 Amd.) – AMENDMENT

Lodged au Greffe on 26th August 2025

by the Environment, Housing and Infrastructure Scrutiny Panel Earliest date for debate: 9th September 2025

STATES GREFFE

2025  P.24/2025 Amd.Amd.

DRAFT RESIDENTIAL TENANCY (JERSEY) AMENDMENT LAW 202- (P.24/2025): AMENDMENT (P.24/2025 AMD.) – AMENDMENT

1  PAGE 2, AMENDMENT 4 –

For amendment 4(1) substitute –

(1)  In Article 6, delete "For Part 3 there is substituted –". (1A)  In Article 6, for new Part 3 substitute –

(1)  For the Part 3 heading substitute –

PART 3

TERMINATION OF TENANCIES

5A  Fixed-term tenancy: termination by landlord or tenant when term ends

1. If a residential tenancy is for a specified term, the tenancy terminates when the term ends only if a written notice to terminate the tenancy is given –

1. by the landlord to the tenant at least 3 months before the end of the term; or
2. by the tenant to the landlord at least 1 month before the end of the term.

2. The specified term is extended if the landlord or the tenant gives the notice –
   1. after their deadline under paragraph (1); but
   2. before the term was to end.
3. In that case, the extended term ends and the tenancy terminates –
   1. 3 months after the notice is given, if given by the landlord; or
   2. 1 month after the notice is given, if given by the tenant.
4. But the tenancy continues as a periodic tenancy after the specified term ends if –

1. the landlord and the tenant agree to that, even if a notice is given under this Article after they agree; or
2. no notice is given under this Article.

5. In this Article, "periodic tenancy" means a residential tenancy under which the tenant occupies a residential unit on the basis of a recurrent period.

5B  Fixed-term tenancy: termination by landlord or tenant during term

1. If a residential tenancy is for a specified term, the term may be terminated early (without giving a reason) if –

1. either –

1. the landlord gives the tenant at least 3 months' written notice; or
2. the tenant gives the landlord at least 1 month's written notice; and

2. the notice-giver satisfies the requirements set out in the residential tenancy agreement under paragraph 12 of Schedule 1.

2. However, if the requirements purportedly set out in the agreement under paragraph 12 of Schedule 1 are more favourable to the landlord than the tenant –

1. the landlord cannot terminate the specified term early under this Article; but
2. the tenant can terminate the specified term early under this Article as long as they satisfy those requirements that apply to the tenant.

(1B)  In Article 6, before the new Part 3A heading insert –

2. After Part 3 there is inserted –

2  PAGE 4, AMENDMENT 16 –

For amendment 16(3) substitute –

3. In Article 21(3) –

(a)  for new paragraph 12 of Schedule 1 substitute –

12.  If the residential tenancy is for a specified term, 1 or more requirements that are no more favourable to the landlord than the tenant and that the following must satisfy to terminate the residential tenancy under Article 5B (terminating fixed-term tenancy early) during the specified term –

1. a notice-giver who is the landlord;
2. a notice-giver who is the tenant.

For example, a single requirement might require that both the landlord and the tenant do not terminate the residential tenancy under Article 5B until at least 1 year after the tenancy started.

(b)  delete new paragraph 15 of Schedule 1.

ENVIRONMENT, HOUSING AND INFRASTRUCTURE SCRUTINY PANEL

REPORT

Amending the 2011 Law to allow mid-term termination of initial fixed-term tenancies with notice periods

The aim of the Panel's proposed amendment (as referred to Amendment B1 in the Panel's main report [S.R.3/2025]) is to amend P.24/2025(Amd.) to require that fixed-term tenancies under the 2011 Law may only be terminated, whether during the term or at its end, by written notice of at least one month from the tenant or three months from the landlord.

The current Residential Tenancy (Jersey) Law 2011 provides notice periods for periodic contracts of three months to be given by the landlord and one month to be given by the tenant, however, there is no provision for a notice period for those on fixed-term contracts. The evidence gathered as part of the Panel's review asserts that this has caused issues with silent non-renewals [1]both from tenants and landlords and last-minute notice to leave from landlords. The Panel's findings highlight two problems for ending tenancies under the 2011 Law:

1. The ease with which periodic tenancies could be ended on three months' notice without reason.
2. The insecurity created by silent non-renewals at the end of fixed terms.

The Draft Residential Tenancy (Jersey) Amendment Law 202- introduces statutory notice periods for a fixed term of three months for the landlord and one month for the tenant at the end of a fixed term, as well as for ending a tenancy early. It is further noted that the Minister's proposed amendment [2]to Articles 6B(2)(e), 6D(b), and Schedule 1 Paragraph 23 aim to remove references to "if any" and to ensure the policy intent that there must be one or more requirements for parties to meet  before  ending  a fixed-term  tenancy  early without reason.  The  Panel  supports  the Minister's proposal in order to provide clarity and improve transparency for both parties.

The Panel considers this an essential feature of the Amendment Law with key stakeholders also supporting the introduction of notice routes and timeframes across all tenancy types to replace such practices as silent non-renewals and last-minute notices to leave.

However, the Panel notes Draft Residential Tenancy (Jersey) Amendment Law 202- (P.24/2025): amendment (P.24/2025(Amd.)) lodged by Deputy Bailhache , that (if approved) would revert to the current practices under the 2011 Law. The Panel believes the evidence gathered is strong enough to amend the original 2011 Law so that all tenancies have clear, statutory notice routes during a fixed-term tenancy where break clauses exist and at the end of a fixed term, so that both tenants and landlord have a clear understanding of what is happening once the contract ends. The Panel considers that this should be regardless of whether the Amendment Law's provisions on new tenancy arrangements are approved or not.

Accordingly, the Panel proposes a counter-amendment to insert into the 2011 Law a requirement that all fixed-term tenancies must be ended by written notice of three months by the landlord and one month by the tenant, both during the term and at the end. This will provide a statutory safeguard against the misuse of break clauses and the old practice of silent non-renewals.

Financial and staffing implications

There are no financial and staffing implications resulting from the proposed amendments.

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.

[1]1 "Silent non-renewal" refers to a situation where a fixed-term tenancy agreement comes to an end without either party (tenant or landlord) actively renewing or terminating it, and no formal notice is given. Instead, the tenancy continues automatically under the principle of tacit renewal, a doctrine whereby the implied actions of parties mean that the tenancy is considered to have renewed on essentially the same terms but with no fixed end date once an appreciable period has gone by and rent has been paid (usually at least one month).

[2]2 Draft Residential Tenancy (Jersey) Amendment Law 202-: second amendment