Issue link: https://maltatoday.uberflip.com/i/1540302
8 maltatoday | SUNDAY • 12 OCTOBER 2025 OPINION & LAW FOR a lease agreement to be terminated because of damage done to the property, the damage, must be considerable. This was held in Margaret Falzon et vs Joseph Bugeja et decided by the Rent Regulation Board on 6 October 2025. The board was presided by Magistrate Joseph Gatt. The applicants explained that they own property in Mqabba. Previously it was owned by Michael Tonna, now deceased. The applicants inherited the property af- ter Tonna's death in 1994. Tonna had ac- quired the property by means of a deed of donation from his cousin Luigi Tonna. At this time, the defendant, Joseph Buge- ja, was already occupying the property. However, the applicants claimed that the defendants breached the lease conditions and failed to pay rent since 1995. They also claimed that the defendant used the prop- erty differently from what it was intended and the property is in a very bad state. The applicants asked the board to evict the de- fendants. The defendants rebutted these claims, stating that the applicants were not the owners of this property. The owner should be John Mifsud. The defendants also claimed that they always paid their rent and there was no change of use of the property. Margaret Falzon, testified that the prop- erty was meant to be the residence of the defendants but it was never so. Instead, it was used as a farm. Louise Falzon testified that the property is in a dilapidated state, but works were then carried out without their authorisa- tion. Two architects, members of the board, held that the property was used as a farm. The property was structurally sound apart from one room. John Mifsud, who intervened in these proceedings testified and explained that he purchased the property in 1994 and informed the tenants that it was now his property. He further explained that the de- fendants are his cousins, while Luigi Ton- na was his uncle. The defendant, Bugeja, also testified re- members that part of the property was walled off, because the property was divid- ed into two separate properties. His father and he deposited the rent in court, since the rent was never demanded. The board then tackled the legal points, starting with the first plea that the appli- cants were not the owners of the property and so had no juridical interest. This was held in Focal Maritime Services Compa- ny Limited vs Top Hat Company Limited decided by the Court of Appeal on 9 April 2008. The plaintiffs who file a case, must have a juridical interest. It is not the judg- ment that gives the plaintiff a right, but the judgment allows that the right be execut- ed. Under Maltese law the landlord does not need to be the owner of the property. The landlord may be usufructuary of the prop- erty. In fact, the defendants mentioned Michael Tonna as the landlord in the schedules filed in court for them to pay the rent. The board rejected the plea. Regarding the claim that damage was caused to the property, the board noted that the law states that damage must be considerable. Caselaw allows a lease to continue even if the damage is irrepara- ble. This was stated in Matteo Spiteri vs Leonardo Attard et decided by the Court of Appeal on 13 May 1963. Technical ex- perts who visited the property held that the damage was not considerable and ex- tensive. Therefore, the damages claim did not warrant an eviction. With regard to the claim that there was a change of use of the property from a residence to a farm, the board said there must be evidence to show what was agreed when the lease commenced. The board commented that from the evidence pro- duced there is serious doubt whether the property was rented as a residential prop- erty. The fact that the property on the rent book was described as a 'house' and not a 'farm' does not mean that the scope was to rent the property as their residence. In fact, the applicant testified that the tenant never lived in the property. Other witness- es testified that the property was used to hold animals. The contract of donation to Michael Tonna refers to the property as a farm. Because of this doubt the board ruled that it was rejecting this claim as well. Subsequently, the board moved to reject all the claims of the applicants. Not any damage may terminate a lease MALCOLM MIFSUD Mifsud & Mifsud Advocates Guaranteeing the future of Malta's cultural heart Omar Farrugia Infrastructure parliamentary secretary FOR people like myself, who was born in Mqabba, June and August are not just any two months. They are the months when the town turns blue or red. A few weeks before the town's feast, you will see huge poles with a red or blue bulb—the early indications that festa preparations are underway. In Mqabba, you learn ear- ly that a feast is not a date on a calendar but a rhythm that shapes the year: The winter fundraising, the spring rehears- als, the summer crescendo. It doesn't matter what you do in life. You can be a secondary school student, an accountant or a business owner. You wear the colours and you give a hand. You help out. No job is too small, or too big. You learn that a village is glued together by volunteers who believe that their square should sing twice a year. Of course, there is the reli- gious aspect, but most of it is cultural. The festa is ingrained in the fabric of who we are. Two societies anchor our vil- lage life: Soċjetà Santa Marija and Banda Re Ġorġ V, guardi- ans of the titular Santa Marija feast in August, and Soċjetà Mużikali Madonna tal-Ġilju, whose lily-emblazoned banners colour June. Between them, you'll find classrooms where children get free music tuition, commit- tee rooms where every kind of argument is born and settled, and stores filled with lovingly mended standards and lanterns. On the third Sunday of June and again on 15 August, the square becomes an open-air theatre of music, light and devotion. These are the days when Mqabba's identity is also audible. Our fireworks, too, have a reputation that extends far be- yond the village boundary, not because they are loud, but be- cause they are art. From elaborate ground piec- es to the feats that put Mqabba on international stages, these shows represent thousands of hours of craft, rehearsal and sacrifices. Artistry is married to discipline; volunteers know that one mistake can cost dear- ly. It is the Maltese miracle of festa culture—community-run, safety conscious, and relent- lessly ambitious. This is the reason why I was proud to vote down legislation that endangered not just local feasts, but sport activities and many other practices, last week. Anything and everything fell within the parameters of what the Nationalist Party wanted to introduce in the Constitu- tion [making a healthy and sus- tainable environment a human right]. Every lawyer that I spoke to described the proposed law as extremely wide and very prob- lematic, opening a pandora's box that is easy to open but very difficult to close. I'm not sure whether it was a case of bad preparation or pan- dering to extremes, but that is no way how to strong arm the environmental cause. The government I form part of is committed to strength- ening these institutions and support volunteers that are the foundation of our culture and our young people. I had the privilege of visiting Lija Athletics FC and Għaqda tal-Mużika San Gejtanu AD 1906. Two voluntary organisa- tions who both benefitted from works carried out by the Public Works Department. During my visits to Lija and Ħamrun, I was able to see and experience what voluntarism is all about. Volunteers were ded- icating their free time with ab- solute and genuine passion for the benefit of those benefitting from their service. Since 2024, the Public Works Department has played a cen- tral role in supporting the vol- untary sector through an exten- sive programme of works. Over this period, the depart- ment successfully completed around 80 projects in over 20 sports organisations, ranging from the regeneration of sports facilities to structural works that directly enhance the expe- rience of athletes and support- ers. At the same time, it has car- ried out 60 projects within 30 ecclesiastical and feast-relat- ed voluntary organisations, providing tangible support to parishes, band clubs, and festa committees. Voluntary organisations, ir- respective of the sector they operate in can focus primarily and directly on how best they can strengthen their invaluable work and contribute to those who rely on their stellar work. As a government, we re- new our guarantee to them— your work matters, your voice counts, and you remain the foundation of Maltese culture. Caselaw allows a lease to continue even if the damage is irreparable