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)
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 )
PDF

Restraint on assets ( 11.12.12.L8 )

LOCAL INFORMATION

11.12.12.L8
Restraint on assets

Extent: Jersey
Updated: 11 January 2016

_______________________________

 

Words you may need to know

 

Restraint - to hold back, keep

Assets - items of value belonging to a person

Enforcement - to be made to comply with the law or a judgement

Automatically - routinely

Debtor - a person who owes money to another

Inventory - a list

Statutory - legal, law made rules

 

 

Restraint on assets enforcement procedures - following Judgement

This is awarded automatically by both the Petty Debts Court and the Royal Court alongside restraint on wages and the order passed to the Viscount's Department for enforcement.

If you are a debtor and not in employment then the following will happen:

  • The Viscount's Officers will take an inventory of all your assets on the premises and a copy will be given to you
  • You should confirm, with proof if need be, those items that do not belong to you. (This would include furniture / computers/ phones etc on hire purchase but not items that you bought with a loan which are considered to be yours)
  • If you need legal aid, it can be sought (subject to qualifying) to explain what your rights are
  • You are allowed to keep the necessities of life, e.g. clothing, tables and chairs etc and any tools you require to carry out your work and earn a living .

Exception - assets restrained against rent owed

If a landlord is owed past rent they may take anything on the premises with the statutory exception of appliances supplied and owned by the utility companies i.e. gas/electricity, but ONLY after an order for restraint has been given following judgement for the debt in the Royal Court or Petty Debts Court. See also 11.8.2 Personal possessions left behind by a tenant or lodger .