Eviction guidance for landlords

Evictions of tenants from rental property

Evictions are conducted by the Viscount, the Executive Officer of the Courts in Jersey. Here’s a simplified overview of the process. For detailed advice, please contact the Department.

Getting a Court Order

1. Court Order: To evict a tenant, you need a court order. This is usually managed in the Petty Debts Court under the Loi (1946) concernant l'expulsion des locataires refractaires or the Residential Tenancy (Jersey) Law 2011.
2. Detailed guidance: Guidance for getting an eviction order is available on the Jersey Law website

Court Order Details

The court order may:

• Authorize the Viscount to enter the property and remove any movable property.
• Allow the use of reasonable force if necessary (though force is avoided if possible).
• Specify who will pay the Viscount’s expenses (landlord, tenant, or both).
• Authorize the Viscount to seize and sell the tenant’s assets and arrest wages for rental arrears and costs.

Instructing the Viscount

1. Instructions: After obtaining the court order, instruct the Viscount by sending a signed letter with the original court order.
2. Details: Include all relevant details about the tenant, property, and eviction background.
3. Non-Residents: If you are not a Jersey resident, appoint an agent (lawyer, debt recovery agent, or resident) to act on your behalf.

The Eviction Process

1. Discretion: The Viscount decides when and how to conduct the eviction.
2. Factors Considered: The presence of children, tenant’s new accommodation, tenant’s health, and cooperation level.
3. Safety: The safety of the Viscount’s officers is a priority. Police or other agencies may aid if necessary.

Tenant’s Possessions

1. Handling Possessions: If the tenant leaves possessions behind, the Viscount may remove and store them if the landlord agrees to pay the costs, and the items have resale value.
2. Inventory: An inventory will be prepared if necessary.
3. Sale of Possessions: If possessions are removed for sale, the process takes at least 15 days. Proceeds, after deducting fees, go to the landlord against any rent arrears.

Rent Arrears

1. Court Order: The court may order payment of rent arrears along with the eviction order.
2. Collection: The Viscount will try to collect arrears, but this depends on the tenant’s financial situation. A payment plan may be negotiated.

Viscount’s Fees

1. Fees: The Viscount charges £500 for each half day or part half day spent on the eviction, as per the Stamp Duties and Fees (Jersey) Law 1998.
2. Expenses: The Viscount can recover costs like locksmiths and removal companies. These are initially payable by the landlord but may be recovered from the tenant.

For more information or to discuss your case, please contact the Viscount’s Department by email at viscount@courts.je or by telephone: 01534 441400