ACT No. XX of 2024 AN ACT to amend various laws relating to private residential leases and to make ancillary and consequential provisions thereto.

I assent.

(L.S.)

MYRIAM SPITERI

DEBONO

President

18th June, 2024

ACT No. XX of 2024

AN ACT to amend various laws relating to private residential leases

and to make ancillary and consequential provisions thereto.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

(1) The short title of this Act is the Various Laws relating to Short title and

commencement.

Private Residential Leases (Amendment) Act, 2024.

(2) This Act shall come into force on such date as the Minister

responsible for housing may by notice in the Gazette establish, and

different dates may be so established for different provisions or

different purposes of the Act.

PART I

Amendments to the Civil Code

This Part amends the Civil Code and it shall be read and Amendments to

construed as one with the Civil Code, hereinafter in this Part referred the

to as "the Code".

Sub-article (2) of article 1555A of the Code shall be amended Amendment of

article 1555A of

as follows

the Code.

(a) the words "the lease of that tenement shall be

transferred to the person mentioned in article 1531F:" shall be

substituted by the words "for the purposes of the continuation of a

lease according to the Reletting of Urban Property (Regulation)

Ordinance and the Housing (Decontrol) Ordinance, the said

permanent dependence shall have the same effects as the death of

the lessee."; and

(b)

the proviso thereof shall be deleted.

In article 1573 of the Code, the words "is less than one year."

shall be substituted by the words "is less than one year:" and

immediately after there shall be added the following new proviso

"Provided that in the case of private residential

leases in accordance with the Private Residential Leases

Act, the lessor shall be bound to give notice to the lessee

at least three (3) months before by registered letter.".

In sub-article (1) of article 1575 of the Code, the words "in the

case of urban tenements." shall be substituted by the words "in the case

of urban tenements:" and immediately after there shall be added the

following new proviso

"Provided that in the case of private residential leases

under the Private Residential Leases Act, the lessor shall be

bound to give notice to the lessee at least three (3) months before

by registered letter.".

PART II

Amendments to the Private Residential Leases Act

This Part amends the Private Residential Leases Act and it

shall be read and construed as one with the Private Residential Leases

Act, hereinafter in this Part referred to as "the principal Act".

Article 2 of the principal Act shall be amended as follows

(a) immediately after the definition "Board" thereof

there shall be added the following new definitions

""building" or "premises" means a house or other

building, or part thereof, which is used or may be used for

residential purposes in accordance with the provisions of

the relevant laws;

"dwelling house" means a building or part of a building

separately let, which includes any land or garden forming

an integral part, or enclosed within the precincts of such

dwelling house, but does not include any movable

structure, vessel or vehicle;

"lease" shall also include sublease;";

(b) immediately after the second proviso to the definition

"residence" there shall be added the following new proviso

"Provided further that where the tenement is

being leased by a company for the purpose of

accommodating its employees and the occupant is paying

any form of consideration to the company, the relationship

between the company and the occupant shall be deemed a

sublease, subject to the provisions of this Act:"; and

(c) immediately after the definition "residence" there

shall be added the following new definition

" "resident" means a lessee as defined under this

article, including any other occupant;".

Article 3 of the principal Act shall be amended as follows

Amendment of

article 3 of the

principal Act.

(a) in paragraph (d) of sub-article (2) thereof, the words

"let before the 1st June, 1995." shall be substituted by the words

"let or granted on emphyteusis before the 1st June, 1995:" and

immediately after there shall be added the following new

proviso

"Provided that the provisions of this Act shall not

apply to leases which were entered into after the 1st June

1995, but which originate from a controlled private

residential lease in accordance with the Reletting of

Urban Property (Regulation) Ordinance or the Housing

(Decontrol) Ordinance."; and

(b)

sub-article (3) thereof shall be deleted.

Article 4 of the principal Act shall be amended as follows

Amendment of

article 4 of the

principal Act.

(a) in sub-article (2) thereof, the word "duty" shall be

substituted by the word "obligation" and the words "ten (10) days"

shall be substituted by the words "thirty (30) days";

(b) in sub-article (3) thereof, the words "from the date of

commencement of the lease." shall be substituted by the words

"from the date of commencement of the lease:" and immediately

after there shall be added the following new proviso

"Provided that the obligation to register on the

part of the lessor comes into being immediately upon the

commencement of the agreement and no delay or failure to

register the agreement, or to comply with the requisites of

sub-article (1) of article 6, may be used against the

interests of the lessee or as a defence by the lessor in the

course of any enforcement proceedings in accordance with

article 20, or criminal proceedings in accordance with

article 22.";

(c) sub-article (7) thereof shall be substituted by the

following new sub-article

"(7) As part of the process of registration, the

Authority shall request the lessor to specify the number of

residents that shall reside in the dwelling house.";

(d) sub-article (8) thereof shall be substituted by the

following new sub-article

"(8) (a) The Minister shall have the power to

make regulations under this Act providing for the

minimum standards of habitability for a dwelling house

which is offered for letting as well as the limitation of the

number of residents who may occupy the dwelling house at

the same time.

(b) The Authority shall not permit any new

registration or submission that allows the occupation of the

same dwelling house by a number of residents that exceeds

the maximum that is permitted to reside in a dwelling

house at the same time in accordance with that established

in any regulation made under this Act

Provided that the registration of a lease contract

by the Authority shall not in any manner be held as a

certification of the habitability of a leased tenement or be

used as a defence for any breach of any other provision of

any other law or regulation that is validly in force at the

moment of the alleged offence or breach."; and

(e) immediately after sub-article (8) thereof there shall

be added the following new sub-article

"(9) The registration process shall be completed

exclusively online.".

Article 5 of the principal Act shall be amended as follows

Amendment of

article 5 of the

principal Act.

(a) in sub-article (2) thereof, the word "duty" shall be

substituted by the word "obligation";

(b) in sub-article (3) thereof, the words "7, 9 and 11, the

articles contained in the Act shall prevail:" shall be substituted

by the words "7, 9, 11 and 17, the articles contained in the Act

shall prevail."; and

(c) sub-article (4) thereof shall be substituted by the

following new sub-article

"(4) The registration of a lease in accordance with

sub-article (1) shall not require the declaration of any

amount deposited by the lessee by way of security in

accordance with article 6(1)(f) or the presentation of an

inventory in accordance with article 6(1)(g).".

Article 6 of the principal Act shall be amended as follows

Amendment of

article 6 of the

principal Act.

(a)

paragraph (g) of sub-article (1) thereof shall be

substituted by the following new paragraph

"(g) an inventory, in the form of documentary

evidence signed by all parties, attesting the condition of

the tenement as well as the state of any furniture and

domestic appliances supplied by the lessor, and the parties

shall accompany such photographs with short descriptions

of the content of the said photographs

Provided that the inventory may also be

presented in the form of photographs as long as the

photographs are capable of attesting, fully, clearly and

unequivocally, the condition of the tenement as well as

the state of any furniture and domestic appliances

supplied by the lessor

Provided further that the inventory shall also be

presented in the case where the tenement is let

unfurnished.";

(b)

sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) In the absence of one (1) or more of the said

essential requisites stipulated in sub-article (1), the

agreement shall be null and void

Provided that the failure by the lessor to comply

with any of the said requisites may not be held as a valid

reason for the lessor to be exempted from the obligation

to register the agreement in accordance with article 4.";

and

(c) sub-article (3) thereof shall be substituted by the

following new sub-article

"(3) The Authority may publish on its website a

model private residential lease agreement which may be

used as a basis by any person entering into a private

residential lease agreement

Provided that the Authority may also publish on

its website a standards form containing the clauses

referred to in sub-article (1) and which may be made

compulsory for any person entering into a private

residential lease agreement which is not in accordance

with the model agreement.".

Immediately after the first proviso to article 7(1)(d) of the

principal Act there shall be added the following new proviso

"Provided further that in any case of substitution or addition

of a lessee in accordance with articles 9B and 9C, no administrative

penalty may be imposed on the lessees of the original lease and the

substituted or added lessee:".

The proviso of article 8 of the principal Act shall be deleted.

Article 9 of the principal Act shall be amended as follows

(a)

in sub-article (3) thereof the words "or letting of

shared residential space" shall be deleted;

(b)

immediately after sub-article (3) thereof there

shall be added the following new sub-articles

"(4) If the lessor does not serve the lessee

with a notice of termination within the specified

time, but the lessee still decides to terminate the

agreement on the date stipulated in the agreement, he

shall give notice to the lessor at least one (1) month

before by registered letter

Provided that for the purpose of proving

the fulfilment of his obligation in accordance with

this sub-article, it shall be sufficient for the lessee to

provide evidence that the registered letter has been

sent within the stipulated time and to the correct

address

Provided further that in the case that the

lessee terminates the agreement in accordance with

sub-article (5), the lessee shall receive back the

amount deposited by way of security in accordance

with article 6(1)(f), saving the provisions of article

11. (5) It shall not be permissible for a lessor to

give any notice of termination with the aim of

terminating the agreement before the period imposed

by the law or stipulated in the agreement, saving for

the provisions of articles 1573 and 1574 of the Civil

Code.".

Immediately after article 9 of the principal Act there shall be Addition of new

added the following new articles

9A. (1) Notwithstanding the possibility of a tacit

renewal according to sub-article (2) of article 9, the

parties may also renew their agreement expressly.

(2) An express agreement of renewal shall not

include changes to the original agreement, except for the

increase permissible in accordance with article 14.

(3) An agreement which was meant to expire before

31st December, 2020 and which did not contain any

reference to an option for renewal, shall not be registered

unless accompanied by an express agreement of renewal

signed between the parties.

(4) Any agreement of renewal shall not be made for

a period inferior to that stipulated in article 8

Provided that the parties shall remain free to

renew their agreement for a longer period than that

originally agreed upon.

(5) In the case of a conflict between the terms of a

renewed agreement which was entered into before the 1st

January, 2020 and articles 7, 9, 11 and 17, the articles of

this Act shall prevail.

(6) If notwithstanding having given notice of

termination the lessor allows the lessee to remain in

occupation of the premises after the lapse of the

contractual term whilst requesting rent but without

entering and registering an express renewal agreement

wherein he revokes the notice of termination, he shall be

subject to the procedure referred to in article 20.

(7) The Authority may publish on its website a

model renewal agreement which may be used as a basis

by any person effecting an express renewal of the lease.

(8) Any agreement of extension of the original lease

period which has the effect of reducing the period which

would have been granted to the lessee through a renewal

by law shall be prohibited.

9B. (1) Any party to the agreement may request

Substitution of

the substitution of a lessee in a private residential lease

Provided that the said substitution may only be

effected with the express consent of the lessor and the

outgoing lessee and, if the case may be, all the other

lessees appearing on that agreement.

(2) The substitution of a lessee shall only be allowed

where the total number of lessees registered with the

Authority on the lease agreement shall remain the same.

(3) A substitution shall have the effect of replacing

an outgoing lessee with an incoming lessee, without

giving rise to a new lease agreement or interrupting any

of the periods stipulated in this Act, particularly those

contained in articles 8, 9, 11, 12 and 16.

(4) Nothing shall prejudice the right of an outgoing

lessee to seek redress against the lessor or the incoming

lessee in case of any disputes relating to the agreement of

lease or substitution of the lessee.

(5) An incoming lessee shall be granted access to the

original lease agreement and all the relevant details of the

registration.

(6) All the parties to the original agreement may

request a copy of the substitution agreement together with

all the relevant registration details.

(7) The Authority may publish on its website a

model substitution agreement which may be used as a

basis by any person effecting the substitution of a lessee

Provided that the Authority may also publish on

its websit e a s tandard form whi ch may be made

compulsory for any person entering a substitution

agreement which is not in accordance with the model

agreement.

9C. (1) Every party to a private residential lease

agreement may request the addition of a lessee to that

agreement

Provided that the said addition may only be

effected with the express consent of the lessor and the

existing lessee or lessees.

(2) The addition of a lessee shall not create a new

lease or interrupt the periods stipulated in this Act,

particularly those contained in articles 8, 9, 11, 12 and 16.

(3) The incoming lessee shall be held responsible for

any debts that would have been incurred before his

addition to the agreement.

(4) An incoming lessee shall be granted access to the

original lease agreement and all the relevant details of the

registration.

(5) All the parties to the original agreement shall be

granted access to any agreement for the addition of a

lessee and all the relevant details of the registration.

(6) The Authority may publish on its website a

model agreement for the addition of a lessee which may

be used as a basis by any person effecting such an

addition

Provided that the Authority may also publish on

its websit e a s tandard form whi ch may be made

compulsory for any person entering an agreement for the

addition of a lessee which is not in accordance with the

model agreement.

9D. (1) If the parties agree to the mutual termination

Registration of

a new lease in

of the lease or the lessee abandons the rented property

termination of without notice, the lessor may request the registration of a

new lease on that same dwelling house, despite the fact

of property by that the period of the previous lease would still be running,

after giving notice of such mutual termination or

abandonment to the Authority. The Authority shall notify

the previous lessee with the lessor’s request to deregister

the lease

Provided that in case of abandonment, the said

deregistration shall not have the effect to release the lessor

from his obligations towards the previous lessee in the case

that the said lessor would have granted the use of the

property to any other person in bad faith

Provided further that the said deregistration shall

be without prejudice to any claim that the lessor may have

against the lessee who would have abandoned the property.

(2) This article shall also apply when the lease is

entered into with more than one (1) lessee, and the lessor

would have agreed to the consensual termination with

one (1) of the lessees, or one (1) of the lessees would

have abandoned the leased dwelling house without notice

and without substitution

Provided that for the removal of the lessee, the

lessor shall obtain the consent of all the lessees included

in the original lease agreement.".

Immediately after sub-article (5) of article 11 of the principal

Act there shall be added the following new sub-articles

"(6) In the case of the renewal of a long private residential

lease in accordance with article 9(2), the lessee may not

withdraw before the lapse of three (3) months from the start of

the renewal period

Provided that following the lapse of such time the

lessee may withdraw from the private residential lease by giving

notice to the lessor in accordance with sub-article (2)(a)

Provided further that this sub-article shall apply to

each subsequent renewal of the lease.

(7) In the case of the renewal of a long private residential

lease in accordance with article 9A, the lessee may not withdraw

before the lapse of half the period specified in sub-article (1),

according to the duration of the express renewal agreed by the

parties

Provided that following the lapse of such time the

lessee may withdraw from the private residential lease by giving

notice to the lessor in accordance with sub-article (2).".

In sub-article (1) of article 14 of the principal Act the words

"the term of the lease." shall be substituted by the words "the term of

the lease:" and immediately after there shall be added the following

new proviso

"Provided that during the first year the rent

shall be fixed at the same amount.".

Article 16 of the principal Act shall be substituted by the Substitution of

following new article

16. (1) Any contract entered into for lease of a

shared residential space shall have a duration in accordance

with regulations issued under this Act by the Minister,

from time to time.

(2) Without prejudice to the provisions of sub-article

(1), the provisions that apply to private residential leases

shall also apply to the letting of shared residential spaces.

(3) The letting of a shared residential space is

subject to the rules of registration stipulated in article 4.

(4) The aforementioned provisions shall also apply

either where the lessor, or the lessee in the case of a sub-

lease, also reside in that property.".

Article 20 of the principal Act shall be substituted by the Substitution of

following new article

(1) Notwithstanding any other law that may

provide for proceedings and punishments related to

offences, when the Authority deems that

(a) a dwelling house is being occupied for

residential leases purposes by any persons who are

not the owners of the dwelling house and who are

occupying the said dwelling house without a valid

title of lease, for the reason that the lease agreement

does not satisfy the written requisites ad validitatem

in a lease agreement or that although it satisfies the

written requisites ad validitatem it was not

registered in accordance with the provisions of this

Act, hereinafter in this Act referred to as

"occupation without title"; or

(b) a person has permitted a number of

occupants in excess of that declared in the

registration or registrations of a private residential

lease agreement or agreements with the Authority

and is in breach of the proviso to sub-article (4) of

article 16; or

(c) a person has made a declaration for any

one (1) of the purposes of the Act which is false,

misleading or incorrect in any material respect,

the Authority may serve a notice in writing wherein it

describes the offence to the person who is being accused

and indicate the steps which shall be taken to remedy the

offence and the administrative penalty that he may incur

if found guilty of the offence

Provided that the Authority may request the

payment of an administrative penalty of not more than

two thousand three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37)

Provided further that where the occupation

without title has come to an end, the Authority shall not

permit that person who conceded the enjoyment of the

tenement without a valid title to comply with the

provisions of this Act retrospectively.

(2) When a written notice is served in accordance

with this article, the person mentioned in the notice may,

within twenty one (21) days from such service, accept his

responsibility for the offence specified in the notice and

in the same time period, or any ulterior time period that

the Authority may permit, remedy the offence and pay, or

commit in writing to pay the administrative penalty

indicated in the notice or such administrative penalty that

the Authority may stipulate instead, and in any such case

(a) the person named in the notice shall be

deemed to have committed the offence and to have

admitted his guilt in respect thereof, and the

administrative penalty paid, or agreed to be paid,

shall be the administrative penalty to which he

became liable to pay;

(b) if the offence has been remedied and the

administrative penalty is paid in the stipulated time

period, no other proceedings may be instituted

against that person on the same facts; or

(c) if the administrative penalty is not paid

in the ulterior time period as previously described,

the Authority shall have the right to institute

proceedings against the person who breached the

law.

(3) If a person who is served with a notice in

accordance with sub-article (1) fails to accept

responsibility for the offence, or after having accepted

such responsibility fails to remedy the offence in the time

period stipulated in the said notice, proceedings shall be

instituted against such person in accordance with the

provisions of article 22.".

20. Sub-article (1) of article 22 of the principal Act shall be Amendment of

article 22 of the

amended as follows

principal Act.

(a) paragraph (a) thereof shall be substituted by the

following new paragraph

"(a) is found conceding any dwelling house, or any

separate space within a dwelling house, for a residential

purpose, to any persons who are not the owners of the

dwelling house and who are occupying the dwelling house

without a valid title of lease, for the reason that the lease

agreement does not satisfy the written requisites ad

validitatem in a lease agreement or that although it satisfies

the written requisites ad validitatem it was not registered in

accordance with the provisions of this Act;";

(b) in paragraph (c) thereof, the words "material

respect," shall be substituted by the words "material respect;"

and immediately after there shall be added the following new

paragraph

"(d) permits a number of occupants in excess of that

declared in the registration or registrations of a private

residential lease agreement or agreements with the

Authority and is in breach of the regulations under article

4(8)(a),";

(c) in the paragraph immediately after paragraph (d)

thereof, the words "ten thousand euro (€10,000):" shall be

substituted by the words "ten thousand euro (€10,000)."; and

(d)

the proviso thereof shall be deleted.

Immediately after article 22 of the principal Act there shall be Addition of new

article to the

added the following new article

principal Act.

Notwithstanding the provisions of the Criminal

General’s right

Code, the Attorney General shall always have a right of

appeal before the Court of Criminal Appeal from any

decision given in respect of criminal proceedings arising

from the provisions of this Act or any regulations made

thereunder.".

22. Sub-article (2) of article 23 of the principal Act shall be Amendment of

article 23 of the

principal Act.

substituted by the following new sub-article

"(2) The Adjudicating Panel shall have the exclusive

jurisdiction to decide any disputes relating to private

residential leases to which the Act applies, provided that

any monetary claims shall not exceed five thousand euro

(€5,000), and which involve

(a) matters referred to in articles 1540,

1541, 1542, 1543, 1545, 1546, 1548, 1556, 1559,

1561, 1562, 1563 u 1564 of the Civil Code provided

that these claims do not involve the termination of

the lease; and

(b) any dispute relating to

(i) the retention or reimbursement of

any amount which is left by means of a

security deposit as stipulated in article 6(f);

(ii) rental and utility arrears, including

those related to water and electricity

consumption;

(iii) compensation for the occupation

by the lessee of the dwelling house let beyond

the date of expiry of the agreement, provided

that these claims do not involve a claim for

the termination of the lease;

(iv) compensation for the loss of

earnings borne by the lessor due to the

dwelling house not being occupied in the

period stipulated in article 11(1);

(v) matters referred to in article 17,

provided that the dispute is exclusively

between the lessor and the lessee, including

claims made to the lessor to recognise the

number of persons living in a dwelling house

and providing access to the details of the

account to the lessee;

(vi) expenses relating to the ordinary

maintenance of the common parts of the

condominium, and;

(vii) damages deriving from any other

breach of the provisions of this Act;

(c) disputes relating to any amount which is

left by means of a security deposit, in the case of

occupation without title in accordance with article

19, if the person who would have permitted such

occupation without title and who would have

retained such amount, would have admitted his

guilt to the offence according to article 20 or would

have been found guilty of an offence by the courts

of criminal judicature according to article 22

Provided that a demand made in accordance with

paragraphs (a) and (b) may also be included in other

claims or pleas made before the Board, in any action

affecting private residential leases, over which the

Adjudicating Panel has no jurisdiction, including where

the claim is made for the termination of the lease or the

eviction of any person from the lease

Provided further that the Adjudicating Panel

shall only hear claims relative to registered agreements.".

Article 31 of the principal Act shall be amended as follows

(a) sub-article (1) thereof shall be substituted by the

following new sub-article

"(1) The registry of the Adjudicating Panel shall

maintain a register of persons who have not honoured the

decisions of the Adjudicating Panel or the Court of

Appeal (Inferior Jurisdiction) to the detriment of the

other party in an agreement

Provided that a person may only be included in

the re gi st er foll owi ng a r ec omm enda ti on by the

Adjudicating Panel

Provided further that any action that may be

taken by the Adjudicating Panel in accordance with this

article shall be without prejudice to the obligations of the

relevant person to conform himself with the decisions of

the Adjudicating Panel or the Court of Appeal (Inferior

Jurisdiction)."; and

(b) sub-article (3) thereof shall be substituted by the

following new sub-article

"(3) Persons included in the register may request the

cancellation of their name from the said register upon the

presentation of evidence that they have honoured the

decision of the Panel or the Court of Appeal (Inferior

Jurisdiction).".

Immediately after article 32 of the principal Act there shall be

added the following new article

(1) The Authority shall have the right to

communicate personal data to other private parties if such

a communication is strictly necessary to enable a person

to safeguard his interests following a decision in his

favour given by the Adjudicating Panel

Provided that the communication of personal

data in accordance with sub-article (1) may also occur

following a favourable decision handed down by the Rent

Regulation Board or the Court of Appeal (Inferior

Jurisdiction) given that the agreement on the basis of

which the decision was delivered has been duly registered

in accordance with the provisions of this Act.

(2) The data which is communicated to the private

parties shall be limited to the residential address of that

person against whom such decision would have been

taken, as it appears on the latest residential lease

agreement registered with the Authority in the name of

that person

Provided that any claim for the communication

of personal data shall be processed exclusively according

to the exact parameters as stipulated in that request

Provided further that the Authority shall only

provide addresses of properties where the registration of

the lease would still be active.

(3) The Authority shall have the right to refuse

requests for the communication of personal data where it

suspects that this data shall be used for reasons that go

beyond those stipulated in this article.".

25. Private residential leases which commenced prior to the

coming into force of the Various Laws relating to Private Residential

Leases (Amendment) Act, 2024 shall continue to be regulated by the

2024. provisions of the Private Residential Leases Act

Provided that private residential leases that are still in force on

31 st August 2025 shall comply with any laws or regulations stipulating

the limitation on the number of residents who may occupy the dwelling

house at the same time.

Passed by the House of Representatives at Sitting No. 245 of the

11th June, 2024.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€1.62