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 )
PDF

LOCAL INFORMATION

11.12.12.L8
Restraint on assets

Extent: Jersey
May 2003
Updated 31 July 2014
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Restraint on assets enforcement procedures - following Judgement

1. 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.

2. If the debtor is out of employment then the sequence of events will be:

  • The Viscount's Officers take an inventory of all assets on the premises, a copy of which is left with the debtor
  • The debtor should confirm, with proof if need be, those items that do not belong to him/her. (This would include furniture on hire purchase but not items bought with a loan where ownership passes straightaway)
  • If need be legal aid can be sought to clarify this process
  • The debtor may keep the necessities of life, eg clothing, tables and chairs etc and tools of the trade to enable a living to be earned.

Exception - assets restrained against rent owed

3. If a landlord is owed past rent s/he may take anything on the premises with the statutory exception of appliances supplied and owned by the utilities ie 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 .