Citizens Advice Bureau

Housing

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Beaches ( 11.15.6 )
Commercial Leases ( 11.8.4 )
Conservation Groups ( 11.15.4 )
Conservation of Wildlife ( 11.8.52.L5 )
Control of High Hedges (including Cupressus Leylandii) ( 11.8.52.L8 )
Department for Infrastructure (formally Transport and Technical Services) ( 11.15.1.L7 )
Destitution ( 11.1.1.L1 )
Disabled persons - Housing adaptions for people with disabilities (11.8.22)
Environmental Protection (11.15.2 )
Estate Agents, rules ( 11.1.35 )
First Time Buyers/ Jersey Homebuy Scheme ( 11.1.33.L2 )
Hostels ( 11.1.1.L2 )
Housing repairs ( 11.8.18 )
Housing Trusts and Associations ( 11.1.20.L1 )
Jersey Chartered Surveyors ( 11.1.38 )
Jersey Cottage Homes - ( 11.1.62. )
Leases – General Information / Notice / Evictions ( 11.8.1.L1 )
Lodgers and Lodging Houses ( 11.8.10 )
Lodging House Association ( 11.1.8.L7 )
Lodging House Information ( 11.8.10.L3 )
Mortgages ( 11.1.30.L8 )
Parks and public areas ( 11.15.9 )
Pest Control - Moles, wasps, rats, mice and bird species ( 11.8.52.L4 )
Planning and Building Services ( 11.15.1.L2 )
Private sector accommodation via agencies ( 11.1.8.L2 )
Problems with trees and hedges ( 11.8.52.L3 )
Property - Moving Checklist (11.1.30.L9)
Public Sculpture Trust ( 11.15.9.L1 )
Refuse collection / Glass disposal / General information ( 11.15.8 )
Registered Lodging Houses List ( 11.1.8.L3 )
Rental Deposit - Getting a deposit back - Tenancies & Lodgers NOT protected under the Deposit Protection Scheme (Mydeposit Jersey) (11.8.1.L4)
Rental Deposit - Getting a deposit back - Tenancies protected under the deposit protection scheme introduced on the 2nd November 2015 ( 11.8.1.L3 )
Restraint on assets ( 11.12.12.L8 )
Social Housing Accommodation ( 11.1.17. )
Social Housing Rents - ( 11.1.17.L1 )
States Loans ( 11.1.33 )
Tenants Associations ( 11.8.1.L5 )
Tenants problems / Access by landlords ( 11.8.1.L2 )
The Affordable Housing Gateway (11.8.1.L8)
Tied accommodation ( 11.5.14 )
Use of water - Customary Law ( 11.8.52.L1 )
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Tenants problems / Access by landlords ( 11.8.1.L2 )

LOCAL INFORMATION

11.8.1.L2
Tenants problems / Access by landlords

 

Extent:     Jersey
Updated:  January 2017

 

Access to flats/houses by landlords 

NOTE :  This information does not apply to Lodgers

Words you may need to know

Tenant – a tenant is someone who rents a property in their own right. Tenants have legal rights and must have a written lease.

Lodger- a lodger is someone who is not renting in their own right, they share accommodation with someone else and use the same facilities such as a bathroom and kitchen. They have less rights than others.

Access - a right or means of entering a property

Customary law - law developed in the courts, not made by Government

Privacy - time to be on your own, space to be alone

Enjoyment – being able to enjoy something, be happy with it

Maintenance - the care of property, to fix things

Permission - consent, the right to go ahead and do something

Sitting tenant – a tenant who is already occupying or living in a property

Always check the wording of the lease, however the customary law rights are that a tenant has a right to privacy. Providing a tenant meets the terms of their lease, their landlord should allow them peaceful enjoyment of the property.

Usually a landlord has the right to access the property to inspect the state of repair of the property, and it is recommended that they inspect the state of repair against the inventory every couple of months to prevent problems at the end of the tenancy. A landlord may also gain access if they believe that any terms of the lease are being breached or if they believe that anything unlawful is taking place on the premises.

A landlord should give a tenant reasonable notice in writing of their need to access the property. This is usually at least 24 hours’ notice.

A landlord also has a right to access for any necessary maintenance if they tell you beforehand and you give permission. Again, reasonable notice should be given. In the event of an emergency, for example, a landlord may need to gain immediate access to prevent a fire or prevent a safety risk to the tenant and other residents. However, for all other repairs the tenants should be given at least 24 hours’ notice.

Before the end of a lease, or if the owner decides to sell the property, the landlord or his agent has a right of access for viewings by potential new tenants or buyers, subject to giving any  sitting tenant reasonable notice.

A landlord does not have a right to enter in any other circumstances unless they have a court order.