Issue link: https://maltatoday.uberflip.com/i/1393937
maltatoday | SUNDAY • 18 JULY 2021 19 IF the tenant inspected the premises before renting it, then the lease contract is valid at law. This was held in a decision delivered by the Rent Regula- tion Board on 13 July 2021 in Stephen Pace and Rakesh Il- lam -v- Joseph Galea and Dow- dall (TEN) Limited. The Board was presided by Magistrate Dr Charmain Galea. In their application, the appli- cants, Pace and Illam explained that they rented a two-bedroom apartment in Msida, but one of the bedrooms has no ventila- tion. The owner refused to re- fund the deposit and the agents fees and the costs of unutilised water and electricity bills. Joseph Galea rebutted with a statement of defence, wherein he stated that it was the appli- cants who breached the lease agreement, since they vacated the property well within the one-year period, the property was rented to them. He point- ed out that before the property was rented to the applicants, they had inspected the place and agreed to enter into a lease agreement. The estate agents, Downall (TEN) Limited dis- agreed that they had misrep- resented the property in their adverts and the lease agreement mentioned that the property was being leased tale quale and their fee is non-refundable. The Board analysed the ev- idence produced. The Appli- cant Stephen Pace explained that they were looking for a two-bedroom maisonette and went for a viewing. When they arrived they saw other people viewing the same property, but they accepted to rent the place on the spot. They signed the lease agreement the next day. He admitted to not examining all the bedrooms at the view- ing. He slept in the place only for 3 times a month, but from the first night he had prob- lems of asthma. His bedroom had a window overlooking a shaft, but the shaft was roofed. They informed the owner and the agent. None had offered a solution, other than the instal- lation of an air conditioner, for an increase in the rent. The ap- plicants are seeking a refund of €800 representing the deposit and €472, the agent's fee. Joseph Galea told the Board that the applicants had seen the shaft because he had shown them where the gas cylinder was being kept. They negotiat- ed the rent until it was signed. Three weeks after, the agent rang to inform him that there was a problem with the proper- ty. Rakesh also rang to inform him that he was returning to his country. He agreed to termi- nate the contract, on condition the tenants would lose their de- posit. The estate agent also testified and confirmed that the tenants complained about the lack of air circulation and ventilation after a week they signed the lease agreement. The Board quoted Article 1545 of the Civil Code which reads: "(1) The lessor is bound to warrant the thing let against the faults or defects which pre- vent or diminish the use there- of; and, where the existence of such faults or defects is proved, the lessee may demand at his option either the dissolution of the contract or an abatement of the rent. (2) The same rule shall apply even though such faults or de- fects shall have arisen after the stipulation of the contract. (3) The lessor, however, shall not be bound in respect of ap- parent faults or defects which the lessee could have discov- ered for himself at the time of the contract." The Board held the defendant did not exercise any pressure for the applicants to sign the lease agreement. Even though that when the applicants went to view the property, they were at liberty to refuse the lease. The applicants were shown the shaft and therefore, they could have noticed that shafted had a roof. The Board moved to turn down the claim and upheld the pleas. LAW CLASSIFIEDS CLASSIFIEDS INFO @MEDIATODAY.COM.MT If tenant could have known of condition of apartment, lease contract is valid HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with magnifi- cent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commer- cial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN - Close to all amenities and located in the commercial district is this 3 storey OFFICE BUILDING. Presently arranged in open plan layout on each floor, complimenting this there are a number meeting rooms. Each floor has a balcony and toilet facilities, with the 3rd floor hav- ing a front terrace overlooking the main street and the back balcony with country views. Although the property is currently being used as offices, there is the possibility of converting to two apartments and a pent- house with terrace. The property is being offered freehold. Asking price: €760,000. Call on:79899838. 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 bedrooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; dou- ble glazed windows; inverter air condition- ers including solar water heater. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SITUATIONS VACANT CASHIER / GENERAL ATTENDANT - Pad Thai Kitchen (Jungle Joy) of Gzira are seeking the immediate employment, on a part-time basis, of a person with knowledge of Thai cuisine, to work as a cashier and to also assist in general restaurant duties, for example explaining to customers the ingre- dients of dishes offered. Although no par- ticular qualifications are required, the ideal candidate must be fluent in written and spoken Thai and English, must also demon- strate sound knowledge of Thai traditional and Thai cuisine. Experience in a similar position would be considered an asset. The candidate must also have a clean criminal record.The duties of the chosen candidate will include handling sales, assisting patrons with queries, helping as necessary in the restaurant (not cooking). The salary of €5 is being offered to the suitable candidate. Interested candidates are to send their cv by email to padthaikitchen.malta@gmail.com with the words "CASHIER / GENERAL ATTENDANT" as subject by not later than Sunday 25th July 2021 CHEF - Pad Thai Kitchen (Jungle Joy) of Gzira is seeking the immediate employ- ment, on a full-time basis a Thai Food Chef. The duties will include choosing the right ingredients on the market, food preparation, and cooking of authentic Thai dishes. The ideal candidates should be in possession of the appropriate catering qualifications. In the absence of qualifica- tions, a minimum of 5 years' experience is required, in a similar Thai restaurant working as a Chef. A salary of € 9,600 per annum is being offered to the suitable can- didates. Interested candidates are to send their cv by email to: padthaikitchenmal- ta@gmail.com with the word "Thai Food Chef " as the subject by not later than Sunday 25th July 2021. JUFU ASIAN RESTAURANT – located in Qawra and Senglea. We are seeking to employ a cleaner, waiter or waitress and an Asian chef. Kindly contact us by email for further information on: huxihuan88@ hotmail.com MASSAGE THERAPIST - Siam Wellness Centre, St. Julian's are currently seeking a Thai Massage Therapist for immediate employment. Three Years' Experience is essential. Good salary for the right appli- cant. Kindly send us detailed CV by email to: rmbt051@gmail.com NAIL TECHNICIAN - Siam Wellness Centre, St. Julian's are currently seeking for a Nail Technician for immediate employ- ment. Three Years' Experience is essential. Good Salary for the right applicant. Kindly send us detailed CV by email to: rmbt051@ gmail.com RELIABLE RECRUIT LTD – A Maltese registered company No: C99581 is recruit- ing locally in Malta and around the globe. Jobs available; *Delivery/courier *Taxi Drivers *Cleaners/Housekeeping *Bar ten- ders *Chefs/Commis Chef/Sous Chef *Car/ Bike Mechanics *Construction Workers (plasterers / bricklayers / electricians..etc) *Crane operators plus many more vacan- cies. For further information please send us your CV on: relirecruit@gmail.com SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care 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@signal8securitymalta.com.mt SPA THERAPISTS - wanted to work within a new venture in Naxxar. Working full time 6 days a week. Fluent in English. Fully qual- ified and must be able to present certificates. Interested candidates 99885352. STEWARD - PONTE FERRIES Ltd is seek- ing to recruit an individual to work as a steward. The chosen candidates should speak/write fluently in English. Experience will be an asset. To apply send a detailed CV to careers@ozogroup.com TIKKA THAI - Tikka Thai Street food, Restaurant and & bar in Ta'Xbiex are seek- ing to employ Thai food chefs on a full- time basis and part time assistants. Chefs must have minimum 3 years of experience in Thai street food, basic english and fluent in Thai language. One year contract 800- 900 euros per month. Contact the owner 27013492 or look for us on Facebook. WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and post- ed envelopes, medals, militaria, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates