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Tenants’ rights of appeal

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WRITTEN QUESTION TO THE MINISTER FOR HOUSING BY DEPUTY G.P. SOUTHERN OF ST. HELIER

ANSWER TO BE TABLED ON TUESDAY 24th FEBRUARY 2015

Question

Following the incorporation of the States of Jersey Housing Department into Andium Homes, could the Minister confirm that this has resulted in a significant reduction in the rights of appeal for tenants of, or applicants for, Andium Homes, in that they have lost access to the States of Jersey Complaints Board as the last resort before appeal to the Royal Court over important disputed housing decisions?

Could the Minister inform members whether the current appeals system put in place by Andium Homes is an entirely internal process with no recourse to an independent hearing, and, if so, has the Minister sought advice on whether the new appeals system is human rights compliant?

What measures in the short and long term, if any, does the Minister have under consideration to ensure that social rental tenants have access to an independent appeals process?

Answer

Andium Homes has in place its own robust appeals and complaints process, which provides applicants with 3 separate opportunities to put forward their complaint or appeal at increasing levels of seniority within the organisation. However, given that Andium Homes is a separate legal entity a person would need to seek redress through the Court if a complaint could not be addressed internally. The same position applies to all the affordable housing providers in Jersey, and all private sector landlords.

The Residential Tenancy (Jersey) Law 2011Law gives the Court power to rule on matters relating to residential tenancies, and is a fair and transparent means to address disputes in respect of contractual arrangements between a landlord and tenant. As part of reviewing private and social housing regulation in 2015, the Minister will explore options for any improvements that are necessary.