Issue link: https://maltatoday.uberflip.com/i/1527558
8 maltatoday | SUNDAY • 6 OCTOBER 2024 OPINION & LAW Law Report IN a recent decision by the Rent Regulation Board, a tenant occupying a house in which he is a co-owner was ordered to vacate the property after it was determined that he did not meet the criteria set by the means test under Malta's rent laws. The case, brought forward by the claim- ant, sought to increase the rent and poten- tially evict the respondent in accordance with revised rent laws which governs pro- tected leases. The property in question had been rented to the respondent at a fixed, protected rent rate of €138 every six months. This pro- tected status had been in place since before 1995, offering long-term tenants rent sta- bility. However, with recent amendments introduced in 2021, landlords are now allowed to apply for rent reviews and po- tential evictions if tenants fail to meet the required financial criteria set forth in the revised laws. In this case, both the claimant and re- spondent co-own the property in equal parts, having inherited it. The respond- ent, who had been living in the property for years with a very low rent, declared in a sworn statement that he possessed suffi- cient means and refused to submit the re- quired financial documents for the means test. The main point of contention arose from the respondent's defence that since he is a co-owner of the property, he could not be evicted because he had every right to enjoy and make use of his property. However, the Rent Regulation Board, citing from a pre- vious case law, dismissed this argument, ruling that the respondent's co-ownership does not exempt him from complying with the provision of the revised rent laws. The quoted case had delved into the wording of the revised rent laws to examine wheth- er the law exempted tenants that were co-owners from being subjected to the means test, and whether they were in any way protected from eviction and concluded that no such protection or exemption was afforded to tenants that were co-owners of the property. The Board noted that the respondent had been enjoying the property exclusively, pre- venting the claimant from exercising any proprietary rights over it. This situation, the Board stated, justified the claimant's request for a rent increase and potential eviction if the respondent failed to meet the financial requirements of the means test. The means test, as outlined in the Regu- lations on Lease Continuation (Means Test Criteria), requires tenants to demonstrate both their income and capital fall within established limits to continue benefiting from rent protection. In this case, the re- spondent openly admitted that he did not meet these financial criteria, stating under oath that he had sufficient means. Addi- tionally, the respondent failed to submit the required documents to prove his eligi- bility for rent protection. Based on these facts, the Board conclud- ed that the respondent does not qualify for protection under the revised rent laws. As a result, in line with provisions of the same law, the respondent was ordered to vacate the property. However, the law grants the tenant a period of two years to find alterna- tive accommodation, during which time he must pay compensation to the claimant for continued use of the property. The ruling reflects the changes brought about by the 2021 amendments to Malta's rent laws, which aim to strike a balance between tenant protection and landlords' rights. While tenants who meet the means test criteria can continue benefiting from rent protection, those who exceed the fi- nancial limits are subject to rent increases or even eviction. This decision highlights the importance of complying with the revised legal frame- work, which seeks to ensure that rent pro- tection is reserved for those who genuinely need it, while allowing landlords to claim fair compensation for the use of their prop- erties. Tenants who fail to meet the financial requirements or refuse to provide the necessary documentation may find them- selves facing eviction, even if they have held protected lease status for decades and are co-owners of the property. The claimant was assisted by Dr Gianluca Cappitta and Dr Ian Barbara. Court orders eviction of tenant despite co-ownership of property LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates Building a better future for families through family law reform OUR children deserve better. Our fami- lies deserve better. And we, as a govern- ment, cannot and will not allow outdat- ed laws to stand in the way of society's well-being. I understand the emotional toll, the legal disputes and frustrations that come with navigating outdated systems that fail to serve the best interests of children and parents alike. But under- standing alone is not enough. Families deserve action, decisive and meaningful reforms that provide real solutions, not just sympathy. I truly believe that families are the cor- nerstone of our society. Families come in many forms, but they all share the same need for support, fairness, and stability, especially in difficult times. Laws, untouched for over two decades, are no longer fit for the realities of to- day's families, which is why, we are em- barking on a critical reform of our Fam- ily Court system. For too long, family-related matters have been treated as an extension of the Civil Court, resulting in delays and out- comes that do not adequately prioritise children. This reformed court will ensure a more efficient and sensitive handling of family disputes, particularly in cases of separation, custody, and maintenance. As minister, I have personally wit- nessed the damaging effects of paren- tal alienation on children. It is deeply troubling to see children lose out on the love and guidance of one parent due to conflict between adults. We cannot allow outdated legal structures to per- petuate this harm. To address this, the government is introducing legal rein- forcement (EMP113) to recognise the dangers of parental alienation, ensuring that children are not separated from any parent without a just cause. The concept of a children's lawyer is also being developed, ensuring that mi- nors have legal representation through- out court proceedings. But reform is not only about changing laws. It is about understanding the full scope of support families need. This is why we are establishing a Family Sup- port Office, made up of professionals such as psychologists, social workers, and child welfare experts. Families going through separation or custody battles often need more than just legal advice; they need emotion- al and psychological guidance to help navigate these challenges. The Family Support Office will ensure that fami- lies receive the care and assistance they need throughout the legal process. For too long, families have been sub- jected to prolonged legal battles, which aggravate conflict and leave children in uncertain situations. By binding the court to a clear timeline, we ensure that justice is delivered swiftly, and the best interests of children are upheld without unnecessary delays. We are also fully committed to strengthen mediation processes in Family Courts, intending to reduce the time it takes to reach fair outcomes. A complete review of the procedure will be conducted, ensuring that no par- ty can unnecessarily prolong the legal process. The goal is clear: to provide ef- fective, efficient, and optimal justice for the families involved, with children's well-being as the top priority. As a government, we also recognise the need for financial fairness. Main- tenance payments are often a source of conflict, with many parents struggling to receive what their children are enti- tled to. To address this, we are intro- ducing automatic wage deductions for maintenance payments, ensuring that children's financial needs are met con- sistently. Furthermore, the process for dissolving assets after separation will be fast-tracked, allowing families to move on without unnecessary delays. These reforms represent a significant shift in how we approach family law in Malta. They are not just about fixing an outdated, broken system; they are about ensuring that the system works for fam- ilies, not against them. I believe that we owe it to our children to make these changes now. This is not just a legal issue; it is a mor- al one, and as a government, we cannot stand by while outdated processes con- tinue to harm our society. I am confi- dent that this reform will modernise our Family Court system. I encourage everyone, parents, pro- fessionals, and the public, to engage in the ongoing public consultation. Your input is essential in shaping a system that truly serves the best interests of all families. Michael Falzon is minister for social policy and children's rights Michael Falzon