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act_1986_37 MT

AN ACT further 10 amend the Housing (Decontrol> Ord;nanc~, /959.

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Malta Government Gazette — Act 1986 37 — AN ACT further 10 amend the Housing (Decontrol> Ord;nanc~, /959.

I assent.

(L,S.)

AGATlIA B ARRA RA

President

31st October. 1~~6

ACf No. XXXVU of 1986

AN ACT further 10 amend the Housing (Decontrol> Ord;nanc~, /959.

BE IT ENACTED by tbe President. by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the sam~. as follows: _

I. This Act may be: cited as the Housing (Decontrol) (Amendment) Short titl • .

Act. 1986. and shall be: read and construed as onc with the Housing

(Decontrol) Ordinance. 1959. hereinafter referred to a~ "the principal

law".

Malta Government Gazette — Act 1986 37 — AN ACT further 10 amend the Housing (Decontrol> Ord;nanc~, /959.

In section 2 of the principal law the definition of "letting" shall Arnon<im<ol 01

have effect, and shall be: deemed always to have had effect. subject to the '«Iion

following amendments

(a) for the word "letting" there shall be: substituted !he words

'''letting'' or "lease" '; and

(b) for the words 'emphyteutica! grant' there shall be: substi·

tuted the words 'emphyleutical or sub-emphyteutical grant'.

Malta Government Gazette — Act 1986 37 — AN ACT further 10 amend the Housing (Decontrol> Ord;nanc~, /959.

Section lOB of the principal law shall have effect, an d shall be A"",odm<Dt of

de(:med alwa)'s to have had effect, subject to the substitu ti on of sub. th<

section (9) thereof by the following subsection

"(9) For the purposes of this section -

(a) in respect of an emphyteusis mentioned in paragraphs

(a) or (b) of subsection (2) of this section. emphyleusis includeG

a sub-cmphyteusis;

(b) in respect of any oth er emphyteusis. emphyteusis

mearu; the original emphyteusis. but where, on the expiration

of such emphyteusis, the dwelling house is held on sub-emphy-

teusis -

W the rights given by thi~ section to the emphy.

tema shall be e~ercisable by the last sub-cmphyteuta aod,

wi tbou t preju dice to the rights given to the occupier by

subseclioo (5) of tbis section. ooly by him;

(ii) the dire<;tus dominus means only the person

enti tled to ~ ive Ih e original ground·ren\;

(iii) th e ground·rent means on ly the original ground·

rent;

Provided thal whe re the ground·rent payable by the

last sub-empbyteuta exceeds six times the original ground·

rent, subsection (4) of this section shall have effe<;t as if for

the words "shall be eqlUll 10 six times the ground·rent"

tbere were substituted the words " shall be equal 10 the

sub-ground-rent". ".

PIIS8Cd by the HOU3e of Represenll1ti ves nt Sitting No. 392 of t he 27th October, 1986.

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