Issue link: https://maltatoday.uberflip.com/i/1500237
maltatoday | SUNDAY • 28 MAY 2023 11 LAW CLASSIFIEDS LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates FOLLOWING a constitution- al judgment declaring that the owner's property rights have been infringed, a tenant may be evicted if he solely rests upon the articles of the law to prove his title. This was stated in Rebecca Hyzler Et. Vs An- thony Vella u Maria Rita sive Maria Vella decided by the Rent Regulation Board on the 22nd May 2023. The Board was presided over by Magistrate Dr Joseph Gatt. The plaintiffs together with their predecessors had filed a case in front of the First Hall Civil Court in its Constitution- al Jurisdiction declaring that the conversion of title from temporary emphyteusis to that of lease in accordance with Ar- ticle 12(2) of Chapter 158, in- fringed their property rights. The Court declared that the defendants could not rest on Article 12(2) of the Housing (Decontrol) Ordinance, Chap- ter 158 of the Laws of Malta to keep residing in the property in question. This decision was appealed, whereby the Consti- tutional Court revoked the part of the sentence indicating Ar- ticle 12(2) as null and without effect and instead declared Ar- ticle 12(2) to be null and with- out effect limitedly between the parties only when it is in- consistent with Article 37 of the Constitution of Malta and Article 1 of the First Protocol of the Convention, since it vio- lates the fundamental rights of the plaintiff. Despite this judgment, the plaintiffs could not evict the defendants from the property because of Article 12B(11) of Chapter 158 which was in force at the time. This sub-article had stated that it was manda- tory for the owner, obtaining a Constitutional Judgment de- claring violations of his prop- erty rights, to make use of the means test in front of the Rent Regulation Board to evict the tenants from the property. Therefore, they filed an ap- plication before the European Courts requesting a declaration that Article 12B(11) violates their fundamental rights, but the European Courts declared that this was a matter to be de- cided by the Maltese courts. Subsequently, Chapter 158 of the laws of Malta was amend- ed by Act XXIV of 2021 and Article 12B(11) was removed. There was no longer any le- gal impediment refraining the Constitutional Judgment from becoming effective. The plaintiffs proceeded to file an application before the Rent Regulation Board requesting the Board to declare that the defendants cannot continue benefitting from the protection of the special rent laws and that therefore, they have no legal and valid title to continue oc- cupying the said property. In its judgment, the Rent Reg- ulation Board outlined that the main question was whether following the judgments from both the Constitutional Court and the European Court declar- ing that the defendants cannot rely on Article 12(2) to prove their title, the plaintiffs could have proceeded to request for eviction or whether they had to follow the means test outlined in Article 12B of Chapter 158. It stated that the Constitu- tional Court was unequivocal in its decision. If the only title of the defendants was emanat- ing from Article 12(2) of Chap- ter 158, they were occupying the property in question un- constitutionally. The defendants could not ex- pect the Court to disregard the plaintiff's rights and revive a legislative amended that was subsequently removed from the law. After all, the defendants were not able to prove that they were occupying the proper- ty with some other title, apart from that of the past. Therefore, the Board could not accept the defendants' ar- guments where they argued that Article 12B of Chapter 158 should be construed as draw- ing up a new title of lease in this case. On the contrary, the article has given the opportunity to the owner to institute an action to proceed with the assessment of the rent, or eventually the eviction of the tenants from the property with a higher rent for the remaining period in ac- cordance with the law. The Board concluded by ac- ceding to the plaintiffs' requests and stated that the time-limit given to the defendants to evict the property should not be too short, considering the circum- stances. However, a balance should be reached because the plaintiffs have already fallen victims of their fundamental rights. A tenant relying on the articles of the law to prove title may be evicted following a constitutional judgment DR JODIE DARMANIN Dr Darmanin works at Mifsud & Mifsud Advocates HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apartments for short or long lets with magnificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET SHOP TO LEASE - Class 4 B 60 sqm corner shop to lease in San Gwann. Key money €49,888 and €40 a day rental. Call on 79703404. XLENDI - catering premises in prime site to let. Can be used for other commercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 SERVICES COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militaria, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632. 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Interested candidates are to send their cv by email to xil@xuerebinstall.com PLASTERERS AND GYPSUM INSTALLERS - Pro Finishes Ltd of 131, Triq Tal-Franciz Swieqi, are seeking the immediate employment on a full-time basis, of per- sons skilled in plastering and in gypsum installations. The ideal candidate should in possession of the appro- priate qualification's relation to gypsum assembly, con- struction works, plastering and painting. In the absence of qualifications, three years of experience are required, in gypsum assembly, construction works plastering and painting. A salary of €12000 per annum is being offered to the suitable candidates. Interested candidates are to send their CV by email to info@profinishesltd.com CLASSIFIEDS INFO @MEDIATODAY.COM.MT