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WQ.252/2021
WRITTEN QUESTION TO H.M. ATTORNEY GENERAL BY DEPUTY M. TADIER OF ST. BRELADE
QUESTION SUBMITTED ON MONDAY 24th MAY 2021
ANSWER TO BE TABLED ON TUESDAY 1st JUNE 2021
Question
Will HM Attorney General advise members whether Article 16(2)(b)(ii) of the Residential Tenancy (Jersey) Law 2011 permits a tenant to pursue the landlord for costs incurred by the tenant which arise as a direct result of a property becoming uninhabitable?
Answer
Article 16(2)(b)(ii) would in my view allow a tenant in respect of a residential tenancy or a residential tenancy agreement to pursue a landlord for damages in respect of such costs if they flowed from the landlord's breach of contract. Whilst Article 9 of the Residential Tenancy (Jersey) Law 2011 (which deals with premises which become uninhabitable) does not mention a claim for costs, these provisions would likely be considered to be additional to those concerning the Court's jurisdiction in Article 16 and not preclude a claim for damages in accordance with contractual principles. However, the decision is one for the Petty Debts Court on the facts of a specific case and I am not aware of a previous decision on this point.