The Rent Control Law exists to allow a fair rent to be determined for both the tenant and the landlord in the event of a dispute between them.

The Rent Officer gives an independent and impartial judgement and sets a fair rent for privately let properties.

Both tenants in the private sector who have been lawfully occupying for at least three months AND landlords may apply to the Rent Officer for a rent assessment.

The following categories of property are Included:

• A dwelling occupied by only one family with a Rateable Value of £50 or less
• Any premises used or intended to be used by more than one household, regardless of Rateable Value
• Any part of premises which is used or intended to be used as a dwelling where any other part of the same premises is used for another purpose (e.g. a shop), regardless of Rateable Value.

Application can be made for the above regardless of whether they are let furnished, partly furnished or unfurnished.

Properties which are subject to rent control are listed in a Register of Rents.It can be inspected at the offices of the Cadastre.

The following categories of property are Excluded:

• Any premises OWNED by the States of Guernsey such as States’ Houses
• Open Market houses
• Any premises holding a Tourist Boarding Permit
• Any premises let at a “rent” which is mainly payment for the board element (i.e. board and lodgings).

The Rent Control Law only covers rents for private sector tenancies. General grievances with landlords are NOT covered by the Rent Control Law, nor are complaints about the condition or standard of the property. The latter must be referred to the Environmental Health Officers or the Health and Safety Executive.

Rent Control procedures

On receipt of a formal application, staff arrange a time to carry out an inspection of the property to establish exactly what it comprises and what the tenants are getting for their rent. Both parties are invited to be present.

Facilities are noted, such as whether there is central heating in the room concerned and a water supply.Amenities are also noted and whether they are for the exclusive use of the tenant or are shared.

Who pays for the rates and the electricity, for example, is also noted.

The next stage is that the two parties are invited to a hearing where the rent is decided. A copy of the inspection report is sent to each party at that time. They can attend the hearing or they can be represented. Alternatively, a written representation can be submitted.

After listening to the points the parties wish to make, the Rent Officer makes his decision in private as to what the rent should be. He takes into account the size of the property, the facilities provided and the bills for the property paid by each party.

Once a rent has been set, a formal Notice of the decision setting the level of rent is sent to the two parties. In addition a Notice of the fact that the property is rent-controlled is sent to the landlord, who is obliged by law to display the Notice conspicuously within the rented premises.

Review of Rent Officer’s decision

If either party objects to the level of rent set by the Rent Officer he may apply to the Housing Department for it to review the decision.

Once it has received the application, the Housing Department has to investigate it and come to a decision

After making a decision, the Department will communicate it, in writing, to both parties.

Appeals to Royal Court

If either the tenant or the owner of the property is aggrieved by the decision made by the Department in a review then he can appeal against it to the Ordinary Court.

Such an appeal must be lodged within three months of the date of the decision and can ONLY be made on the grounds that the decision was wrong in law.

The Court may make such order as it deems appropriate.

Annual Review of Controlled Rents

Every year all controlled rents are reviewed and the resultant change is communicated and implemented. Any adjustment can be either across the board or differentiated by class (e.g. a different change for the basic rent and the amount for furniture). A copy of the variation notice is published in La Gazette Officielle and a copy is also sent to every landlord and every tenant of a controlled property.

Generally, the change comes into effect on 1 July of that year.

Expiry of controlled rents

Controlled rents expire five years from the date the assessment was entered on the Register. A notice of the pending deletion from the Register is sent to both landlord and tenant approximately one month beforehand. The entry is then deleted from the Register. However, a fresh application can be made.

When a property stops being rent controlled, the rent for the next six months cannot be increased over the previous rate by more than 10%.

Rent Book

If any part of the rent is paid in cash, or if either the landlord or the tenant wishes, a rent book must be provided free of charge by the landlord in a form approved by the Department.

Eviction proceedings

A landlord CANNOT bring eviction proceedings against the tenant of a rent-controlled dwelling within one year of the latest assessment, re-assessment, review of the decision of the Rent Officer or ending of the appeal process in respect of an application.

However, proceedings CAN be commenced if the Court is satisfied that the eviction proceedings are for matters completely independent of the Rent Control legislation, for example, if the rent is not being paid.

Deposits

The landlord can take a deposit from the tenant as a security for the proper performance of the terms of the tenancy. Any deposit cannot exceed one calendar month’s rent.

Other payment

It is an offence to offer, solicit, demand, make or accept any premium, deposit or other payment (by whatever name called) in respect of the occupation of a controlled dwelling in excess of the amount specified in the Register of Rents.

Disclaimer

These notes are for general guidance only and must not be regarded as a complete and authoritative statement of the law in any particular case.

Contact us

The Rent Officer is currently based at the Cadastre offices in Smith Street.

Rent Officer
Nelson Place
Smith Street
St Peter Port
GY1 2JG

Tel 721239
Fax 720054
E mail housing@gov.gg

Reception opening hours
9.00 am – 12.30 pm
1.45 pm – 4.00 pm