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MALTATODAY 30 January 2022

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maltatoday | SUNDAY • 30 JANUARY 2022 19 LAW CLASSIFIEDS HOLIDAY ACCOMMODATION MARSALFORN, Gozo - hol- iday apartments for short or long lets with magnificent sea- views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other commercial purpos- es. 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, compli- menting this there are a num- ber meeting rooms. Each floor has a balcony and toilet facil- ities, with the 3rd floor hav- ing a front terrace overlooking the main street and the back balcony with countr y views. Although the property is cur- rently being used as offices, there is the possibility of con- verting to two apartments and a penthouse with terrace. The property is being offered free- hold. 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 win- dows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; double glazed windows; inverter air condi- tioners 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. - no extra charges. Call on 21322452 SITUATIONS VACANT FOOD KINGDOM LTD - locat- ed in Balluta St Julians has vacancies for an ASIAN FOOD CHEF to work full time 6 days a week with one day off, must be able to work on Sundays & Public holidays. Also required is a full time and a waiter/waitress. Call on 99504694 / 27833888 for further information. JUFU ASIAN RESTAURANT – we are seeking to employ a cleaner, waiter/waitress, Asian food chef & a restaurant man- ager. A minimum of 3 years' experience is essential. Contact 99027608 or email on: huxi- R O OM AT TENDANT - required to work in a luxury boutique in Naxxar. Full time, flexible hours on a roster sys- tem. Must be fluent in English. Call The Village Hotel Ltd on 99885352 for more info SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling posi- tions as Customer Care Clerks, Security Guards, security for places of entertainment and cleaners. Applicants should be customer care orientat- ed, smart and flexible for shift work. Email your CV to hr@ VACANCY - we are looking for a hard-working person to work in an ICE Factory in temper- atures of -30 degrees Celsius. Minimum wage from Monday to Sunday with 2 days off. If you are interested, please contact owner on: sales@godwinsdia- WANTED C OLLECTIBLE items such panini albums and loose stick- ers, 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. THE law provides the right for owners to visit the rent proper- t y after reaching an agreement with the tenants. This was held in judgement delivered from the First Hall of the Civil Court presided by Mr Justice Francesco Depasquale on 25 January 2022 in David Pace et -v- Mary Anne Callus et. The plaintiffs explained in their sworn application that the parties are co-owners of a property in Valletta. The main door and internal doors are locked and the keys are kept by the defend-ants. There were attempts to settle the is- sue, however, they failed. The Plaintiffs asked the Court to order that they be allowed in the premises. The defendants replied by filing a statement of defence by stating that although they are also co-owners of the same property, they are also renting the premises. The plaintiffs are ¾ owners of the property, while the de- fendants own ¼. From the ev- idence produced this property in Valletta was used as a store and a shop by the defendant's father by the end of the Second World War. In 1971 the father died but none of the children took over the business and the shop was closed and remained closed from then onwards. The property is abandoned and not used. There is no electricity, and the property is need of re- pairs. The defendants presented the court with copies of receipts showing that they paid the rent from 1962 to 1995. In 2010 some of the plaintiff wrote to the defendants asking for an increase in rent. The Plaintiff are claiming that the Defend- ants have abandoned the prop- erty and there-fore the lease. The Defendants' father had purchased ¼ of the property in 1962 and the con-tract was presented in Court. There is no action before the Rent Regula- tion Board for the ter-mination of the lease, once it is a com- mercial lease regulated by Ar- ticle 1531D of the Civil Code. The Court made reference to a judgement Azzopardi -v- At- tard decided on 24 May 2006, where the Court had con- firmed that Article 491 of the Civil Code allows co-owners to make use of the property held in common. The defendants are objecting to this because they are renting the property. The Court pointed out that the validity of the lease is with- in the competence of the Rent Regu-lation Board. As to the access that owners have to rented property, the court made reference to Article 1548A of the Civil Code states: "During the running of the lease of an urban, residential or commercial tenement, the lessor has right of access to the tenement in such times and in such manner agreed upon with the tenant in order that the lessor may fulfil his duties or to verify whether the tenant is performing his ob-ligations, as well as to show the tenement to prospective buyers." If there is no agreement, it is the Rent Regulation Board, which would decide on the day and time when the visit can take place. The Court pointed out that as owners the Plaintiffs had a right to visit the premis- es, however, this has to be done after reaching an agreement with the defendants. Although the Plaintiff do not have a right for the copy of the keys, since there is a valid rent agreement, they do have a right to access the premises. The Court also held that it did not believe that the defendants did not know who the owners were. The problems seems to have been caused by one of the defendants. When evidence was brought of the Plaintiffs' title, then the defendants came up with the lease agreement, alt-hough the property was abandoned in 1971. The Court commented that the defend- ants are trying to squeeze more rights than they really have and may be exposing themselves to damag-es, since the property is in need of repair. The Court then moved to dis- miss the case against the plain- tiffs. Owners have a right to visit rented property LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT

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