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STATES OF JERSEY
RENT SAFE SCHEME (P.121/2021): AMENDMENT (P.121/2021 AMD.) – COMMENTS
Presented to the States on 3rd February 2022 by the Minister for the Environment
Earliest date for debate: 8th February 2022
STATES GREFFE
2021 P.121 Amd. Com.
COMMENTS
The Minister for the Environment recommends that the States Assembly reject P.121/2021 Amd. as proposed by Deputy Ward .
P.121/2021 Amd. (the Amendment) asks the States Assembly to amend part (a) of P.121/2021 (the Proposition) to insert the words "and are accredited under the scheme in order to rent out property;"
As outlined in P.121/2021 Com., Rent Safe assesses three different criteria:
- Whether the property meets minimum standards against a list of 29 prescribed hazards.
- Compliance with the Residential Tenancy (Jersey) Law which includes detailed examination of leases, condition reports, checks that deposits are lodged and how services are re-charged.
- An examination of any energy efficiency measures.
Where any inspection or documentary check reveals non-compliance, adequate time is required to work with the landlord to ensure an appropriate schedule of improvements and any subsequent follow up inspections.
The Proposition and the Amendment do not accurately consider the financial and manpower implications arising from the adoption of the Proposition if amended. The Proposition requires that all landlords register with the current Rent Safe scheme with the Amendment adding an additional requirement that all landlords must be accredited under the scheme in order to rent out a dwelling. This would mean, in effect, that all rented dwellings must be registered with the scheme and that, as a further result, all rented dwellings in the Island would need to be comprehensively inspected and receive full documentary checks. Such an obligation would mean officer time is needed to blanket visit/revisit all properties, rather than undertake intelligence led inspections as previously proposed by the Minister in preceding proposition(s). Furthermore, such a requirement would likely lead to an increase in queries and formal action.
The Amendment, therefore, if adopted, is expected to create a requirement for additional FTE as an average of four hours of officer time is required per Rent Safe accreditation; this includes, but is not limited to, travel time, report writing, reviewing of documentation and inspections. Based on an estimate of 10,000 properties, at first glance it is expected that an additional 20 FTE will be required to complete the first accreditation within a 12-month period.
Detail | Total |
Number of properties (estimate) | 10,000 properties |
Hours required per visit | 4 hours |
Total No. of hours required to visit all properties | 40,000 hours |
Average hours worked per week | 38.75 hours |
No. of weeks work required based on 1 FTE and total no. of hours required to visit all properties. | 1032 weeks (rounded) |
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P.121/2021 Amd. Com.
No. years' work based on total weeks of work required | 20 years (rounded) |
No. FTE required if to inspect all properties in first year | 20 FTE* |
* Note: this does not account for annual leave cover, sickness cover, compulsory CPD, additional administrative support for BAU matters, etc., and so the actual FTE requirement may be higher.
In addition, there are concerns that the requirements borne from this Amendment, as well as those included in the main proposition, may have unintended consequences. For example, an exodus of landlords from the market; increased risk of homelessness; and an increase of revenge evictions.
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