First published in Places, July 2019.
Like freehold conveyances, leases for terms of more than 9 years
must be passed before the Royal Court and registered in the Public
Registry. By contrast, leases for shorter terms, known as
'paper' leases, do not require any such formality nor is it
mandatory to employ a lawyer to prepare the document. It may
therefore be tempting for parties entering into paper leases to
prepare the documentation themselves. This is, however, an approach
which can involve significant pitfalls.
In the residential context, the Residential Tenancy (Jersey) Law
2011 governs the content of all "residential tenancy
agreements". There is a list of 11 matters that have to be
specified in the document and certain other provisions that have to
be included.