Issue link: https://maltatoday.uberflip.com/i/1529778
8 maltatoday | SUNDAY • 24 NOVEMBER 2024 OPINION & LAW Law Report A deposit of rent in court is only valid if the tenant first offers payment to the owner. If payment is rejected then the tenant may deposit the rent in court. This was held in a judgment in Anna Zerafa et v Amedeo Scerri before the Rent Regulation Board, presided by Magistrate Joseph Gatt. The judgment was delivered on 15 November 2024. The Applicants filed an application ex- plaining that they are owners of a property in Hamrun and claimed that the tenant, the Defendant, carried out unauthorised struc- tural works. They also claimed that he did not pay rent and therefore, asked the Board to terminate the lease, order his eviction and pay the outstanding rent of €396. The Defendant claimed the changes were authorised by the previous owner. One of the Applicants explained under oath that the Defendant rents this property and the property next door. She explained that she visited the property in 2010 and saw the door was in place, but in 2015, the door was no longer there and was convert- ed into a window. From then onwards they did not accept the rent. Under cross-ex- amination, she said her now deceased aunt was managing the property. She further ex- plained that the door was actually there but a window had been placed behind it. The Defendant's wife explained this was done for medical and safety reasons. The Defendant's wife also testified and said that the property, which was in fact a room, was rented in order to increase the floor space of their adjacent house. The door was converted into a window, because the room was converted into a bedroom. The Defendant also testified saying that the Applicant's aunt knew the reason why the property was rented. The room was used as a bedroom for 55 years. The Board held that the law dictates that the tenant is bound to use the rented prop- erty diligently as a bonus pater familias. The legal principle is that no changes to the structure of the property may be car- ried out without the consent of the owners, unless it is necessary and needed for the tenant to enjoy the rented property. The Courts have watered down the strict prohi- bition of structural changes as dictated by the Civil Code, if it is shown that changes are partial, not of significant importance and that the use will remain the same. In this case the structural changes were partial and could be reversed at the end of the lease. The property remained a residen- tial property and changes were necessary for the tenants. Furthermore, the Board held that these changes were carried out decades ago and the owners did not object. As to the arrears of rent, the Board held that the tenant is bound to pay the rent punctually as stipulated in the Civil Code. The fact that rent is not paid does not mean the lease is automatically terminated. The Applicants did not call upon the De- fendant to pay the arrears in rent by a judi- cial act. In 2015, the rent was refused and therefore, there is no reason for the lease to be terminated. The evidence showed that the lease is a residential lease which started before 1989, although there is no written agreement. The rent was €90 per year and was accept- ed until 2015 and the Defendant deposited the rent in court from 2019 onwards. The Board held that for a tenant to affect a valid payment in court, they should first offer the rent to the owner. If this is not proved then payment would not have been affected, even though rent would have been deposited in court. The Tribunal ruled that according to the law, the rent should be €555. The Board calculated that the amount due was €270 and not €396. The Board turned down the request to terminate the lease and ordered the De- fendant to pay €270. Before depositing rent in court, a tenant must first offer payment LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates Leading with purpose, peace, and progress THE year 2024 is shaping up to be one of significant international accomplish- ments for Malta. It reinforced our coun- try's reputation on the international stage and set a solid foundation for our ambi- tions ahead. We continue to lead with purpose, peace and progress. 2024 marked a milestone for Malta's foreign policy, particularly through our chairpersonship of the OSCE. Leading this prestigious organisation allowed us to continue pushing forward our bold agenda focused on enhancing security, fostering dialogue, and building resil- ience among nations. Malta's term will culminate on 5 and 6 December, when Malta hosts the largest international conference ever held on our shores – the OSCE Ministerial Council. This gath- ering of 57 foreign ministers represents our commitment to uniting nations in the pursuit of global peace and stability. Our 2023-2024 membership of the United Nations Security Council has been another cornerstone of Malta's diplomatic efforts. As a small but reso- lute nation, we leveraged this platform to advocate for an immediate ceasefire in the Middle East and to call for an end to Russia's war of aggression against Ukraine. We also led the way in dis- cussions on the climate-security nexus, spearheading important debates on the peace and security implications of sea level rise, a major concern for SIDS and for the Mediterranean region. Our determination will not wane in coming years. As we move forward, we are preparing for Malta's upcoming Presidency of the Council of Europe in 2025. We are particularly proud to be reviving the Council of Europe's Min- isterial Youth Conference, which has not convened for over a decade. Young leaders from across Europe will gather in Malta to discuss the most pressing issues of our time. Youth engagement is at the heart of Malta's diplomatic strategy. This year, we launched, Climate Diplomacy: Em- powerment for a Resilient Future, a new OSCE initiative to inspire young dip- lomats and technical experts to be the protagonists of important climate poli- cy decisions. By giving young diplomats a platform to engage in climate action, we are addressing one of the most ur- gent global challenges, while ensuring that the voices of our youth are heard and heeded. This year also marked 20 years since we joined the EU, an opportunity to reflect on our achievements thus far, and to highlight the contributions of EU mem- bership on Malta's social and economic development. In the run up to the new institution cycle, we have also been ac- tively engaged in defining the political priorities of the EU for the next five-year term. After successfully chairing the MED9 Group in 2023, we continue to make sure that the EU keeps the Mediterrane- an high on its agenda, reaffirming Mal- ta's long-standing role as a bridge-build- er between Europe and our southern neighbours. Further ahead, our foreign policy will continue to be guided by three strate- gic pillars. First, we are committed to advancing the wellbeing, security, and prosperity of the Maltese people. This includes enhancing consular services abroad and strengthening ties with the Maltese diaspora. Second, we will persist in championing peace, security, and dia- logue on the global stage. Malta will re- main a steadfast advocate for diplomatic solutions to international conflicts. Last- ly, we are focusing on increasing Malta's influence in the EU and in other strate- gic regions and international fora. We will also continue supporting the EU's enlargement process. These priorities are defined in Malta's Foreign Policy Statement 2025-2026, which we pub- lished earlier this month. In coming years, we will work towards securing a seat on the UN Human Rights Council, demonstrating our enduring dedication to upholding human rights worldwide. Furthermore, we will deepen relations with organisations like the Or- ganisation for Economic Co-operation and Development (OECD). As we navigate an increasingly com- plex world, Malta's diplomatic strategy must evolve to embrace new opportu- nities and address emerging challenges, including the responsible use of artifi- cial intelligence. In line with the Digital Diplomacy Profile launched earlier this year, we are committed to promoting a digital future that respects human rights, transparency, and inclusivity. Malta's foreign policy agenda is not just about representing our nation on the global stage; it is about leveraging our influence to make a meaningful impact. From advocating for peace in conflict zones to empowering the next generation of leaders, Malta is commit- ted to shaping a better future for all. As we look forward to 2025 and beyond, our vision remains clear - to lead with purpose, peace and progress and be a proactive voice in the international community. Ian Borg is deputy prime minister and minister for foreign and European affairs and 2024 chairperson of the OSCE Ian Borg