Issue link: https://maltatoday.uberflip.com/i/1237083
11 maltatoday | SUNDAY • 19 APRIL 2020 LAW CLASSIFIEDS H O L I D A Y ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY FOR SALE SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apartments. Two double A/C bed- rooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TAR XIEN - Larger than usual first floor duplex maisonette. Three bed- rooms; double glazed windows; invert- er air conditioners including solar water heater. Being sold furnished. Own airspace with possibility of fur- ther development. Contact owner on 99912005/99450639 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 TEACHING - English language one- to-one. Higher levels and examination preparation. Tel: 99336088 SITUATIONS VACANT A DM I N I S T R AT I O N C L E R K - Ozoproperty is seeking to recruit indi- viduals to work as an Administration Clerk. To apply send a detailed cv to careers@ozogroup.com CONCRETE SHUTTER - Danzah lim- ited is looking to employ individu- als , as Concrete Shutter. the Ideal Candidate should be in possession of the appropriate qualifications or equiv- alent, in lieu of a minimum of 3 years experience as a Concrete Shutter and steel fixer are a must. The Concrete Shutter may also have to make neces- sary purchase orders, assist the foreman and team members and to ensure that he or she maintains constant quality standards. Remuneration package starts at €1000 gross monthly. Email a CV to infodanzah@gmail.com SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Payroll Clerks, Security Guards, security for places of entertainment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8se- curitymalta.com.mt SPA THERAPIST Required for a bou- tique hotel. Full time hours including weekends and public holidays. Must be flexible with hours. At least 5 years experience in a similar post. Must be specialised in colonic irrigation. For more info please call Village Concept on 99885352. SUNAMGONJ LTD - has vacancies for waiters, cleaners and helpers in offices, hotels, hostels, guesthouses and other establishments and for Construction Labourers. Applicants must have min- imum of one / two years' experience. Fluently speaking English and other languages. Hourly rate from Eur4.50 / Eur5.50. Interested applicants may send email to secretary@a-plusplus.eu WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & SILVER items etc. Call on 21310238, 99246632 Dr Malcolm Mifsud is a partner at Mifsud & Mifsud Advocates THOSE structural alternations in rented property which are required does not necessarily mean that the lease will be terminated. This was held in a judgement deliv- ered by the Rent Regulation Board presided by Magistrate Dr Monica Vella in Rita and Emanuela Vella v George Tabone. The judgement was delivered on 27 November 2019. The Vella sisters filed an applica- tion, wherein they explained that they rented a property in Haz-Zeb- bug. Their architect visited the proper- ty and found a number of structur- al alternations to the property and therefore, asked the Board for them to take back the property. The defendant argued that the ap- plicants should have asked first that the lease be terminated before, ask- ing for their eviction. Furthermore, Tabone denied do- ing any structural alterations to the property. Magistrate Vella quoted extensive- ly a Court of Appeal judgement Ma- ria Nicholas et -v- Daniel Attard de- cided on 4 November 2016, wherein the Court held that if the defendant is arguing that the works were car- ried out with the owner's consent, then the onus of proof is on him. Furthermore, caselaw has shown how works could be acceptable. One criteria, is whether the struc- tural alternations have changed the use of the property. If the property was a residential unit and changed to a commercial property, then the structural alter- nation is not acceptable. However, if the works carried out are ancillary to the use of the prop- erty, then this is acceptable. Another criteria is when the works did not prejudice the structural composition of the property. In additional to this the Court took into consideration whether the changes to the structure was needed for the tenant to enjoy the property he is renting. There were cases where the Courts have allowed extensive structural changes such as dropping down a wall, installing toilets or building of stairs. These should be considered as embellishments and not damages. In any case, these works may be re- moved to put the property as it was before is required. The last criteria is that the tenant is bound to return the property as it was when he/she was given the property. The Board then analysed the evi- dence produced before it. The tech- nical members of the Board men- tioned in their report that these works were in fact changes to the roof. From MEPA aerial photos of 1998, it seems that the bathroom was al- ready built at that time. A witness, Philip Grech, had testi- fied and said that his uncle and an architect, had visited the property and found that the basement was closed off. His uncle was the previous own- er of the property, but died and the Azzopardi sisters had inherited the property. Another witness, Rita Azzopar- di, explained that the property was rented to the Tabone family for the last 50 years. She entered the premises only three years before she testified in order to prepare the causa mortis. On this occasion she discovered that there were structural changes to the property. She was not aware of whether her sister had given permission for these changes. The previous tenant Joseph Magri also testified. He occupied the prop- erty between 1966 and 1975. His title was that of temporary em- phyteusis. When he first entered the premis- es, he was not in the best of condi- tions and since he was a builder, the owner allowed him to carry out the necessary works himself. These included converting a door into a window and doing up the roof. The defendant testified and ex- plained that he took over the place in 1975. He found the works already done, apart from a membrane that he placed on the roof. He changed the water pipes and electricity wires and also he changed the front door. The Board held that the evidence produced shows that the previous tenant, Joseph Magri, had carried out the works with the owner's con- sent. The works that the defendant carried out were necessary. The Board also pointed out that the present applicants entered the property 47 years after it had been left to both of the tenants, and they cannot say whether consent was never given. The Court then moved to dismiss the applicants' claim. Structural alternatives in rented properties do not necessarily result in termination of the lease LAW