HOUSING (DECONTROL) ORDINANCE (decontrol)

CHAPTER 158

HOUSING (DECONTROL) ORDINANCE

To provide for the decontrol and registration of certain dwelling houses,

and for matters connected therewith, and to permit an adjustment in the

rent payable in respect of a controlled dwelling-house where improvements

have been carried out with the consent of the tenant.

10th April, 1959

ORDINANCE XIXA of 1959, as amended by Legal Notice 4 of 1963;

Acts: XXIX of 1965, XXXI of 1966, XLVIII of 1972, XXXVII of 1973; Legal

Notice 148 of 1975; Act XXIII of 1979; Legal Notices: 10 of 1980, 14 of

1981,15 of 1982, 16 of 1983; Act XIII of 1983; Legal Notices: 18 of 1984, 2

of 1985, 4 of 1986; Act XXXVII of 1986; Legal Notices 10 of 1987, 20 of

1988; Act XXVIII of 1988; Legal Notices 26 of 1989, 31 of 1990, 31 of

1991, 29 of 1992, 46 of 1993, 36 of 1994 and 29 of 1995; Act XXXI of

1995; Legal Notices 25 of 1996, 29 of 1997, 76 of 1998, 64 of 1999 and 31

of 2000; Act IX of 2000; Legal Notices 30 of 2001, 46 of 2002, 73 of 2003,

and 90 of 2004; Act XVIII of 2004; Legal Notices 32 of 2005, 30 of 2006

and 36 of 2007; Act XVIII of 2007; Legal Notices 410 of 2007, 83 of 2008,

50 of 2009 and 184 of 2010; Act V of 2010; and Legal Notices 188 of 2011,

70 of 2012, 55 of 2013, 88 of 2014 and 76 of 2015, 129 of 2016, 79 of 2017

54 of 2018 and Acts XXVII of 2018 and XXIV of 2021 and Legal Notices 29

of 2019, 30 of 2020, 67 of 2021, 63 of 2022, 38 of 2023, 29 of 2024 , 35 of

2025 and 36 of 2026.

The short title of this Ordinance is Housing (Decontrol)

Ordinance.

ARTICLE 13(1)

Index of inflation for the years from 1947 until 2010

100.0

316.21

104.9

366.06

113.9

408.16

109.7

408.16

116.9

431.83

130.1

428.06

140.3

426.18

139.1

425.17

141.2

433.67

138.8

435.47

142.0

439.62

145.7

433.39

148.3

456.61

151.1

468.21

158.8

475.89

164.84

495.60

165.16

516.06

168.18

536.61

172.00

549.95

174.70

567.95*

175.65

580.61

176.76

593.00

180.42

607.07

184.71

624.85

191.55

638.54

196.00

646.84

202.52

664.88

HOUSING (DECONTROL)

218.26

684.88

234.16

703.88

254.77

712.68

256.20

743.05

281.84

758.58

295.14

770.07

*Note: In November 1998 the index of inflation for the year 1997 was revised to 567.08

following a revision of the water and electricity rates.

ARTICLE 13(2)

Increase of inflation for the years after 1978

316.21

(L.N. 10 of 1980)

366.06

(L.N. 14 of 1981)

408.16

(L.N. 15 of 1982)

431.83

(L.N. 16 of 1983)

428.06

(L.N. 18 of 1984)

426.18

(L.N. 2 of 1985)

425.17

(L.N. 4 of 1986)

433.67

(L.N. 10 of 1987)

435.47

(L.N. 20 of 1988)

439.62

(L.N. 26 of 1989)

443.39

(L.N. 31 of 1990)

456.61

(L.N. 31 of 1991)

468.21

(L.N. 29 of 1992)

475.89

(L.N. 46 of 1993)

495.60

(L.N. 36 of 1994)

516.06

(L.N. 29 of 1995)

536.61

(L.N. 25 of 1996)

549.95

(L.N. 29 of 1997)

567.95

(L.N. 76 of 1998)

580.61

(L.N. 64 of 1999)

593.00

(L.N. 31 of 2000)

607.07

(L.N. 30 of 2001)

624.85

(L.N. 46 of 2002)

638.54

(L.N. 73 of 2003)

646.84

(L.N. 90 of 2004)

664.88

(L.N. 32 of 2005)

684.88

(L.N. 30 of 2006)

703.88

(L.N. 36 of 2007)

712.68

(L.N. 83 of 2008)

743.05

(L.N. 50 of 2009)

758.58

(L.N. 184 of 2010)

770.07

(L.N. 188 of 2011)

791.02

(L.N. 70 of 2012)

810.16

(L.N. 55 of 2013)

821.34

(L.N. 88 of 2014)

823.89

(L.N. 76 of 2015)

832.95

(L.N. 129 of 2016)

838.29

(L.N. 79 of 2017)

849.77

(L.N. 54 of 2018)

859.63

(L.N. 29 of 2019)

873.73

(L.N. 30 of 2020)

879.32

(L.N. 67 of 2021)

892.51

(L.N. 63 of 2022)

947.40

(L.N. 38 of 2023)

995.62

(L.N. 29 of 2024)

1012.05

(L.N. 35 of 2025)

1035.93

(L.N. 36 of 2026)

In this Ordinance and any regulations made hereunder,

except in so far as the context otherwise requires -

"appointed day" means the day on which this Ordinance comes

into force;

"the Board" means the Rent Regulation Board constituted under

article 16 of the R ele tt in g of Urba n Pro pert y (R eg ul ati on )

Ordinance;

"decontrolled dwelling-house" means a dwelling-house

registered by the Land Valuation Officer in accordance with the

provisions of article 3;

" d w e l l i ng - h o u s e " m e a n s a b u il d i n g o r p a r t o f a b ui l d i ng

constructed or structurally adapted for occupation as a separate

dwelling;

"fair rent" means the rent that has been or may be established by

the Board in respect of a dwelling-house in accordance with the

provisions of the Rent Restriction (Dwelling Houses) Ordinance;

"improvements" includes structural alterations, additions or

extensions and the provision of additional fixtures or fittings, but

does not include anything done by way of decoration or repair;

"increase in inflation" means the increase in inflation established

in the manner provided in article 13;

"Land Valuation Officer" means the officer appointed by the

Prime Minister as Land Valuation Officer for the purpose of the

Developed Land (Valuation) Ordinance;

"lessor" includes any person deriving title under the original

lessor;

"letting" or "lease" includes -

(a) any emphyteutical or sub-emphyteutical grant for a

period not exceeding sixteen years;

(b) notwithstanding any stipulation to the contrary, any

agreement in pursuance of which any person has been

accommodated

in

consideration

of

payment

periodically recurrent in any dwelling-house; and

(c) any other agreement whereby any real or personal

right on any dwelling-house, which right includes that

of occupation of that dwelling-house, is granted under

an onerous or commutative title for a period of time,

whether such time is established by fixing a certain

specified day or whether it can be established by

reference to a certain or to an uncertain future event;

"owner" used with reference to a dwelling-house means the

person or any of the persons entitled to that dwelling-house in

absolute ownership, emphyteusis, sub-emphyteusis, or usufruct

*

Provided that in article 3(d) and, for the purpose of and in

relation to that paragraph, in any other provision of this Ordinance,

"owner" used with reference to a dwelling-house means the person

or any of the persons entitled to that dwelling-house in absolute

ownership or in perpetual emphyteusis or sub-emphyteusis or in

usufruct, but, in the last mentioned case, only if on the termination

of the usufruct the bare owner becomes entitled to that dwelling-

house in absolute ownership or in perpetual emphyteusis or sub-

emphyteusis;

"prescribed" means prescribed by regulations under article 15;

"rental period" means a period in respect of which a payment for

rent falls to be made;

*This proviso was added by Act XXXVII of 1973 which contained the following

provisions

"4. (1) Subject to the provisions of sub-article (2) of this article nothing in this Act

shall affect any registration validly made by the Land Valuation Officer under article 3

of the principal law before the coming into force of this Act.

(2) Notwithstanding any provision of the principal law, any registration as a

decontrolled dwelling house made by the Land Valuation Officer under the principal

law before the coming into force of this Act shall be without effect, and any house so

registered shall be deemed not to be and never to have been a decontrolled dwelling

house, if such registration was made after the issue of a requisition order under the

Housing Act in respect of such house and if -

(a) the house is one specified in paragraph (d) of article 3 of the principal law;

or

(b) in the case of any other house, a person has been accommodated therein or

has otherwise remained in occupation thereof before the coming into

force of this Act,

and in any such case any such house shall be deemed to have always remained a

requisitioned house."

"the Rent Ordinances" means the Reletting of Urban Property

(Regulation) Ordinance and the Rent Restriction (Dwelling

Houses) Ordinance;

"repairs" means those repairs which the lessor is bound to carry

out at his expense;

"tenant" means also

(a)

in the case of a dwelling-house

(i)

that person who has been recognised as a

tenant in accordance with any law validly applicable

before the 1st June 2021;

(ii)

the widow or widower of a tenant

Provided that the widow or the widower

shall not have the right to be considered a tenant if he did

not inhabit the dwelling-house for four (4) out of the last

five (5) years prior to the 1st June, 2008 and, in the case

of this sub-paragraph did not continue living with the

tenant until the date of his death;

(iii) the siblings of the tenant who have

continued the lease in solidum together with him

Provided that the siblings shall not have

the right to be considered as tenants if they did not

inhabit the dwelling-house for four (4) out of the last

five (5) years prior to the 1st June, 2008, and, in the case

of this sub-paragraph did not continue living with the

tenant until the date of his death

Provided that following the coming into force of

the Controlled Residential Leases Reform Act, 2021, no

person who has not yet been recognised as the tenant of a

dwelling-house up to that date shall qualify as a tenant of a

dwelling-house in terms of this definition, except for those who

qualify in accordance with sub-paragraphs (ii) and (iii)

Provided further that persons who do not qualify

under sub-paragraphs (i), (ii) and (iii) and have lived in the

dwelling-house for four (4) out of the last five (5) years before

the 1st June, 2008, and have continued to live with the tenant

until the date of the demise of the tenant shall continue

occupying the dwelling-house for a period of five (5) years

from the date of death of the tenant, and at the end of which

period they shall vacate said dwelling-house. The compensation

for the occupation of the dwelling-house that shall be payable

to the lessor during the aforementioned period shall be equal to

the highest rent amount that may have been payable by the

tenant

Provided further that following the death of the

tenant the lessor may file an application in accordance with the

provisions of article 12B and if these persons who do not

qualify under sub-paragraphs (i), (ii) and (iii) do not satisfy the

income and capital assets criteria of the means-test, the Board

shall make a decision in terms of sub-article (4) of article 12B;

(b)

any sub-tenant in relation to the tenant;.

"war damage payment" means a cost of works payment as

defined in the War Damage Ordinance. *

Subject to the provisions of article 6, the Land Valuation

Officer, on the application of an owner made in such manner as

may be prescribed, shall register as a decontrolled dwelling-house

any dwelling-house which -

(a) is not completed or ready for use as a dwelling-house

on the appointed day; or

(b) although completed or ready for use as a dwelling-

house on the appointed day, has not been occupied as a

dwelling-house on or before that day; or

(c) is completed or ready for use after the appointed day

by the making of the structural alterations converting

one or more dwelling-houses into a larger number of

dwelling-houses; or

(d) was on the first day of March, 1959, occupied by an

owner as his ordinary residence and has continued to

be so occupied up to and including the appointed day;

or

(e) was acquired under a scheme as is referred to in the

Home Ownership (Encouragement) Act, and in respect

of which the right to register as a decontrolled

dwelling-house has been granted as an incentive in

accordance with that Act; or

(f)

is on the date of the application, occupied by the

owner as his ordinary residence and has been so

occupied by him, under any title, throughout the

period of ten years immediately preceding the date of

the application. For the purpose of this paragraph the

expression "ordinary residence" does not include a

summer residence.

(1) Any person aggrieved by an order of the Land

Valuation Officer refusing to register a dwelling-house as a

decontrolled dwelling-house may appeal to the Board.

(2)

The Land Valuation Officer shall in every case be made a

*The War Damage Ordinance (Ordinance No.III of 1943) was repealed by the War

Damage (Repeal) Act (Cap. 289).

respondent in the appeal.

(3) No appeal shall lie from the decision of the Board except on

a point of law determined by the Board.

(4) An appeal under sub-article (3) shall be brought before the

Court of Appeal.

(5) Appeals under sub-article (1) or under sub-article (3) shall

be made in such manner and within such time and subject to such

other rules of procedure as may be prescribed.

(1) Subject to the following provisions of this article and

of article 6, the provisions of the Rent Ordinances shall not apply to

any decontrolled dwelling-house from the day on which the house

is registered in accordance with the provisions of article 3.

(2) Where on the expiration of the lease of a decontrolled

dwelling-house (whether such period be conventional, legal,

customary or otherwise) the tenant is a citizen of Malta and

occupies the house as his ordinary residence, the provisions of sub-

article (3) shall have effect and the provisions of the Reletting of

Urban Property (Regulation) Ordinance shall also apply but only in

so far as they are not inconsistent with the said provisions of this

article.

(3)

The provisions referred to in sub-article (2) are

(a) It shall not be lawful for the lessor of the dwelling-

house to refuse to renew the lease except in any of the

circumstances set out in paragraph (b), nor shall it be

lawful for him to raise the rent, or to impose new

conditions for the renewal of the lease, except as

provided in paragraphs (c) and (d).

(b) The lessor may only refuse to renew the lease, and

may only resume possession of the house, at the

termination of the lease, if he shows to the satisfaction

of the Board, on an application to resume possession,

that in the course of the lease, the tenant has failed to

pay the rent due by him in respect of two or more

terms within fifteen days from the day on which the

lessor called upon him for payment, or has caused

considerable damage to the house, or otherwise failed

to comply with the conditions of the lease or his

obligations thereunder, or has used the premises for a

purpose other than mainly as his ordinary residence.

(c) The rent payable under the same lease after the date of

the first renewal of the lease made by virtue of this

sub-article may be increased by the lessor, upon such

renewal and after the lapse of every fifteenth year

thereafter during the continuance of the lease in favour

of the same tenant, by so much of the rent payable

immediately before such renewal or before the

commencement of each subsequent fifteen year period,

being an amount not exceeding the said rent, as

represents in proportion to such rent the increase in

inflation since the year the rent to be increased was

last established.

(d) Where, on or before the date of any renewal of the

lease of the dwelling-house, the lessor files in the

Registry of the Board, a certificate, signed by a

qualified architect and civil engineer and which is

either accepted as correct by the tenant or has been so

declared by the Board on an application by the lessor

requesting such a declaration, showing that the house

is in good state of maintenance and repair, all repairs

and all maintenance of the dwelling-house shall

thereafter, and throughout the continuance of the lease

in favour of the same tenant, be at the charge of the

tenant.

(4) The following provisions of this sub-article shall also have

effect with respect to all leases of decontrolled dwelling-houses

where the tenant is a citizen of Malta. The said provisions are

(a) Where the lease of a decontrolled dwelling-house has

been renewed as provided in sub-article (3) or under

article 12(3), or has been established under sub-article

(2) of the said article, it shall not be lawful for the

lessor of any such house to require from any citizen of

Malta, under a lease made thereafter, a rent higher than

the amount which would have been payable by way of

rent if the tenant in whose favour the lease was first so

renewed or established had remained the tenant of that

house; and any amount paid in excess shall be

recoverable from the lessor.

(b) It shall not be lawful for the lessor to require the

payment of a rent which is subject to variation at any

time prior to the expiration of the lease, whether the

variation is due to an increase or a decrease of such

rent; and where the lease of a decontrolled dwelling-

house is made subject to such a variation the rent

payable in respect thereof shall notwithstanding the

agreement to the contrary, be the lowest rate payable

for any part of the duration of the lease, and any

amount paid in excess shall be recoverable from the

lessor.

(c) It shall not be lawful for the lessor to impose a

condition requiring the repairs of the dwelling-house

to be at the charge of the tenant unless the lease is in

writing and a certificate as is mentioned in sub-article

(3)(d) is attached to the instrument of lease.

(d) Where the dwelling-house is leased furnished -

(i)

if the lease is made before the 2lst June, 1979,

the tenant shall be entitled, at any time not

earlier than one year after the said date, to

demand that, with effect from the expiration of

six months after the date of such demand, the

lease shall remain only in respect of the building

and that he shall pay only such part of the rent as

relates to the building as may be agreed between

himself and the lessor, or, failing such

agreement, as the Board may on application by

either of them establish;

(ii) if the lease is made after the date aforesaid, the

lease shall distinguish between the part of the

rent agreed in respect of the house and the part

of the rent agreed in respect of the furniture and

other household articles; and the tenant shall be

entitled, at any time not earlier than one year

from the date he first occupies the house under

the lease, to demand the dissolution of the lease

of the furniture and other household articles, and

with effect from the expiration of six months

after the date of the demand to have such lease

dissolved and to pay only the rent agreed in

respect of the house;

(iii) (deleted by: XVIII. 2004.115.);

(iv)

the rights given by the foregoing provisions of

this paragraph shall also be competent, mutatis

mutandis, in respect of a transaction relating to

furniture or other household articles where such

transaction is so connected with the lease of a

decontrolled dwelling-house to which this sub-

article applies that the said lease would not have

been contracted unless the said transaction had

also taken place.

(5) Subject to any agreement entered into prior to 21st June,

1979, and without prejudice to the rights to which a tenant may

become entitled under this article after that date, the provisions of

sub-articles (2) and (3) shall apply even though the expiration of

the lease has taken place before that date if the tenant still occupies

the house as his ordinary residence on that date.

(1) The Land Valuation Officer shall not register as a

decontrolled dwelling-house under this Ordinance any dwelling

house specified in article 3(a), (b) or (c) if funds are or have been

provided by a war damage payment or by a Government grant

towards its construction or towards the structural alterations

referred to in article 3(c) or if the land on which it is constructed

was given on its emphyteusis or sub-emphyteusis by the

Government after the 6th December, 1972, unless in the deed of

emphyteusis or sub-emphyteusis it is declared that this provision

shall not apply to buildings to be constructed on the land granted by

that deed.

*

(2) Where a house specified in article 3(d) is requisitioned

under the provisions of the Housing Act and is not, at the time of

*sub-articles (2) and (3) were added by Act XXXVII of 1973 which contained the

provisions as shown in the foot-note to article 2 of this Ordinance.

the issue of the requisition order, registered as a decontrolled

dwelling-house under this Ordinance, the Land Valuation Officer

shall not register that house as a decontrolled dwelling-house if the

appropriate application for the registration of such house as a

decontrolled dwelling-house is not made within fifteen days from

the service of a notice, given by the Housing Secretary to any of the

owners entitled to apply for the registration aforesaid, informing

such owner of the issue of the requisition order and reproducing the

provisions of this sub-article, or if such application, although made

within the period aforesaid, is not pursued with due diligence.

*(3) Any registration made by the Land Valuation Officer in any

case to which article 3 does not apply, or in any case in which he is

by this article directed not to make, shall be without effect and such

house shall, notwithstanding any other provision of this Ordinance,

be deemed not to be and never to have been a decontrolled

dwelling-house.

(4) Where a dwelling-house specified in article 3 is subject to a

letting on the appointed day, the registration thereof under that

article shall have effect, for the purposes of article 5, only from the

day on which the owner becomes entitled to the vacant possession

of such dwelling-house upon the determination of that letting.

As respects grant, renewal or continuance at any time

during the period of three years beginning with the appointed day

or at any time after 20th June, 1979, a letting of a dwelling-house to

which any of the provisions of the Rent Ordinances do not apply by

reason only of the preceding provisions of this Ordinance shall be

treated as one to which article 8 of the Rent Restriction (Dwelling

Houses) Ordinance (which article prohibits the requiring of

premiums on the grant, renewal or continuance of a letting of any

dwelling-house) applies.

(1) Any person who, in connection with an application

u n d e r th i s Or d i n a n c e f o r r e g i s t r a t i o n o f a n y p r e m i s e s as a

decontrolled dwelling-house, knowingly or recklessly makes any

statement or gives any information which is false in any material

particular, shall be liable on conviction to a fine (multa) not

exceeding one hundred and sixteen euro and forty-seven cents

(116.47) or to imprisonment for a term not exceeding three months.

(2) Where a person is convicted of an offence under sub-article

(1) any registration of a decontrolled dwelling-house obtained by

means of a false statement or false information shall be null and

void, and the court pronouncing the conviction shall order its

cancellation.

The Housing Act shall not apply to any house which is

registered as a decontrolled dwelling-house in accordance with the

provisions of this Ordinance.

(1) Notwithstanding anything to the contrary in articles 3,

4, 5 and 7 of the Reletting of Urban Property (Regulation)

Ordinance and in articles 2, 4, 5 and 6 of the Rent Restriction

(Dwelling Houses) Ordinance, if any improvements are carried out

by the lessor, after the appointed day, to a dwelling-house which

has not been registered as a decontrolled dwelling-house, the fair

rent of such dwelling-house shall be increased by the Board, on the

application of the lessor to that effect, by an amount, hereinafter in

this article referred to as "the appropriate increase", corresponding

to six per cent, per annum of any amount up to one thousand and

one hundred and sixty-four euroeuro and sixty-nine cents

(1,164.69) expended by the lessor on the improvements, as proven

to the satisfaction of the Board, or, in default, as assessed, if

necessary after an inspection of the dwelling-house, by the Board.

(2) An application for the appropriate increase under sub-

article (1) shall not be allowed by the Board unless the tenant and

any sub-tenant have agreed in writing, prior to the application, to

the carrying out of the improvements and to the payment of the

appropriate increase.

(3) An application under sub-article (1) shall, on pain of

nullity -

(a) be accompanied by -

(i)

the written agreement or agreements referred to

in sub-article (2); and

(ii) a certified copy of the determination of the fair

rent of the dwelling-house by the Board, if any,

and, where more than one determination of such

fair rent has been made, a certified copy of the

latest of such determinations, and

(b) contain a demand for the appropriate increase stating

the grounds therefor

Provided that the Board may, at any time, allow the application

to be amended for the purpose of making it clearer.

(4) Where the fair rent of the dwelling-house has not been

determined by the Board, an application for the appropriate

increase under sub-article (1) shall be allowed by the Board only if

the lessor, in the same application, demands also the determination

of the fair rent.

(5) In computing the amount expended by the lessor on the

improvements, the Board shall not take into account any idle

capital, any interest on loans, and any amount which has been paid

or may at any time become payable to the lessor, in respect of such

improvements by way of grant by the Government.

(6) Any increase of the fair rent approved by the Board under

sub-article (1) shall take effect from the first rental period

beginning after the completion of the improvements.

(7) The provisions of articles 19 to 24, 28, 29, 32 to 37 and 39

to 43 of the Reletting of Urban Property (Regulation) Ordinance

HOUSING (DECONTROL)

shall apply to any proceedings under sub-article (1).

(Repealed by Act V. 2010.15.).

(1) Notwithstanding anything contained in the Civil Code

or in any other enactment the following provisions of this article

and of articles 12A and 12B shall have effect with respect to all

contracts of temporary emphyteusis made at any time.

(2) Where a dwelling-house has been granted on temporary

emphyteusis -

(a) for a period not exceeding thirty years, if the contract

was made before 2lst June, 1979, or

(b) for any period, if the contract is made on or after the

date aforesaid,

and on the expiration of any such emphyteusis the emphyteuta is a

citizen of Malta and occupies the house as his ordinary residence,

the emphyteuta shall be entitled to continue in occupation of the

house under a lease from the directus dominus -

(i)

at a rent equal to the ground-rent payable

immediately before the expiration of the

emphyteusis increased, at the beginning of the

lease of the house by virtue of this article, and

after the lapse of every fifteenth year thereafter

during the continuance of the lease in favour of

the same tenant, by so much of the ground-rent

payable immediately before such commence-

ment or the commencement of each subsequent

fifteen year period, being an amount not

exceeding such ground-rent, as represents in

proportion to such ground-rent the increase in

inflation since the time the ground-rent to be

increased was last established; and

(ia) subject to the conditions laid down in subarticle

5(3)(b); and

(ii) under such other conditions as may be agreed

between them, or failing agreement, as the

Board may deem appropriate.

(3) Where on the expiration of an emphyteusis as is mentioned

in sub-article (2)(a) or (b) the dwelling-house is subject to a lease,

the provisions of the Reletting of Urban Property (Regulation)

Ordinance, shall not apply in respect of such lease

Provided that where the tenant under the said lease is a

citizen of Malta and occupies the house as his ordinary residence he

shall, on the termination of the lease, be entitled to continue in

occupation of the house under a new lease from the directus

dominus at the same rent and under the same conditions as are

mentioned in sub-article (2)(i) and (ii) in respect of the emphyteuta.

(4) On the expiration of a temporary emphyteusis of a dwelling

house occupied by a citizen of Malta as his ordinary residence at

the time of such expiration, not being an emphyteusis mentioned in

sub-article (2)(a) or (b), the emphyteuta shall be entitled to convert

the emphyteusis into a perpetual one under the same conditions of

the temporary emphyteusis with the exception of those relating to

the duration and the ground-rent. The ground-rent payable with

effect from the conversion of the emphyteusis into a perpetual one

and until fifteen years from that date shall be equal to six times the

ground-rent payable immediately before such conversion, and shall

thereafter be increased every fifteen years by so much of the then

current ground-rent, being an amount not exceeding such rent, as

represents in proportion thereto the increase in inflation since the

time the said ground-rent was last established.

(5) If the emphyteuta does not exercise the right granted to him

by sub-article (4) within six months from the date such right is

exercisable, such right shall, with the necessary modifications, pass

to the occupier of the house who shall be entitled to demand, to the

exclusion of the emphyteuta, that the dwelling-house be granted to

him by the owner in perpetual emphyteusis under the same

conditions as could have applied if the emphyteuta had converted

the emphyteusis into a perpetual one.

(6) Where the emphyteuta or the occupier is entitled to convert

a temporary emphyteusis into a perpetual one under sub-article (4)

or (5), he may require that a notarial deed be entered into to this

effect, and the dominus or the owner shall comply with such

request.

(7) Where the date of expiration of the emphyteusis is a date

prior to 21st June, 1979, the foregoing provisions of this article

shall apply only if the emphyteuta or the tenant, as the case may be,

still occupies the house as his ordinary residence on that date and

shall not apply if he so occupies the house under an agreement

entered into by him after the expiration of the emphyteusis.

(8) Where, in the case of an emphyteusis mentioned in sub-

article (2)(a) and expiring after the 21st June, 1979, the emphyteuta

or the tenant occupying the house as his ordinary residence on the

expiration of the emphyteusis is a person different from the person

occupying the house as his ordinary residence on 21st June, 1979,

the provisions of sub-article (2) or (3), as the case may be, shall

apply only -

(a) if -

(i)

the person occupying the house on the date

aforesaid continued in occupation of the house

as his ordinary residence until his death; and

(ii) the person occupying the house as his ordinary

residence on the expiration of the emphyteusis

resided with the emphyteuta at the time of his

death and had then all the other qualifications to

be treated as a tenant for the purposes of this

article; or

HOUSING (DECONTROL)

(b) if -

(i)

the person occupying the house as his ordinary

residence on the date aforesaid derived the title

under which he so occupied the house from the

emphyteuta occupying the house as his ordinary

residence on the expiration of the emphyteusis

or, if the emphyteuta from whom the said title

was derived dies before the expiration of the

emphyteusis, from the emphyteuta whose heir

occupies the house as his ordinary residence on

the expiration of the emphyteusis; and

(ii) until the expiration of the emphyteusis, no

person other than the person aforesaid and the

said emphyteuta, or his heir, and members of

their family living with them, occupied the

house in any manner whatsoever; and

(iii) not later than 30th September, 1979, notice is

given in writing to the Housing Authority of the

title under which the house is occupied on 21st

June, 1979, stating the nature of that title, the

expected duration thereof and the name of the

person occupying the house under that title.

(9)

For the purposes of this article -

(a) in respect of an emphyteusis mentioned in sub-article

(2)(a) or (b), emphyteusis includes a sub-emphyteusis;

(b) in respect of any other emphyteusis, emphyteusis

means the original emphyteusis, but where, on the

expiration of such emphyteusis, the dwelling house is

held on sub-emphyteusis -

(i)

the rights given by this article to the emphyteuta

shall be exercisable by the last sub-emphyteuta

and, without prejudice to the rights given to the

occupier by sub-article (5), only by him;

(ii) the directus dominus means only the person

entitled to receive the original ground-rent;

(iii) the ground-rent means only the original ground

rent

Provided that where the ground-rent payable by the last

sub-emphyteuta exceeds six times the original ground-rent, sub-

article (4) shall have effect as if for the words "shall be equal to six

times the ground-rent" there were substituted the words "shall be

equal to the sub-ground-rent".

(10) Where on the expiration of a temporary emphyteusis to

which sub-article (2) or (3) applies, the dwelling-house is occupied

by a person by title of usufruct or habitation, the right to continue

in occupation of such dwelling-house conferred by those sub-

articles or by sub-article (7) shall, notwithstanding those

provisions, be competent to such occupier as if he were the

emphyteuta or the tenant of the dwelling-house, as the case may

require.

(11) Where a temporary emphyteusis is converted into a

perpetual one under sub-article (4), the dwelling-house shall

remain subject to the rights enjoyed by third parties over such

house immediately before such conversion.

(12) Where any of the rights conferred by this article is

exercisable by more than one person such right may be exercised

notwithstanding any disagreement among them but only if not less

than half the number of such persons agree to exercise such right;

and in any such case it shall operate only in favour of those

exercising it.

(1) This article shall apply

(a) on the expiration of a temporary emphyteusis of sub-

emphyteusis (hereinafter in this article referred to as

"the most recent emphyteusis or sub-emphyteusis")

which is not one the effects of the termination of

which are regulated by article 12(2)(a) or (b) or by

article 12(4) or 12(5);

(b) of a dwelling house which at the time of the expiration

of the most recent emphyteusis or sub-emphyteusis

(i)

is occupied by a citizen of Malta as his ordinary

residence; and

(ii) is subject to another emphyteusis or sub-

emphyteusis (hereinafter in this article referred

to as "the preceding emphyteusis or

subemphyteusis")

whether

perpetual

or

temporary.

(2) On the expiration of the most recent emphyteusis or sub-

emphyteusis the emphyteuta or the sub-emphyteuta who satisfies

the requirements of subarticle (1)(b)(i) shall be entitled to continue

in occupation of the dwelling house under a lease from the person

holding the preceding emphyteusis or sub-emphyteusis at the same

rent and under the same conditions applicable according to article

12(2)(i), (ia) and (ii) which shall apply mutatis mutandis.

(3) On the expiration of the preceding emphyteusis or sub-

emphyteusis the lease mentioned in subarticle (2) shall remain in

force for the same rent and under the same conditions as mentioned

in subarticle (2) between the tenant and the person who from time

to time would, were it not for the tenancy, be entitled to the vacant

possession of the house.

(4) The provisions of this article shall also apply in all cases

where although the most recent emphyteusis or sub-emphyteusis

shall have expired before the 1st July 2007 the person who was the

emphyteuta or the sub-emphyteuta in the most recent emphyteusis

or sub-emphyteusis still occupies the house as his ordinary

residence on the said date.

(5)

When on the expiration of the most recent emphyteusis or

HOUSING (DECONTROL)

sub-emphyteusis the dwelling house is subject to a lease the

provisions of article 12(3) shall apply mutatis mutandis.

(6) The rights given by this article to the emphyteuta and to the

sub-emphyteuta of the most recent emphyteusis or sub-emphyteusis

shall, where the said emphyteuta or sub-emphyteuta shall have died

before the 1st July 2007, be exercisable by the person who resided

with the said emphyteuta or sub-emphyteuta at the time of his death

and had at that time all the other qualifications to be treated as a

tenant for the purposes of article 12.

(7) Where in the case of a most recent emphyteusis or sub-

emphyteusis which expires after the 1st July 2007 the emphyteuta,

the sub-emphyteuta or the tenant occupying the house as his

ordinary residence on the expiration of the most recent emphyteusis

or sub-emphyteusis is a person different from the person occupying

the house as his ordinary residence on the 1st July 2007 the

provisions of this article shall apply only in the cases mentioned in

article 12(8)(a) and (b) which paragraphs shall apply mutatis

mutandis to the emphyteusis and the sub-emphyteusis regulated by

this article, provided however that references to the "21st June

1979" are to be read and construed as references to the "1st July

2007", references to "the emphyteusis" are to be read and construed

as references to "the most recent emphyteusis or sub-emphyteusis"

and references to "the emphyteuta" shall be read and construed

accordingly, and the reference to the "30th September 1979" shall

be read and construed as a reference to the "31st December 2007".

(1)

When a person is in occupation of a dwelling-house

on the basis of a title of lease, which may have also been established on

the basis of a preceding title of emphytheusis or sub-emphyteusis, which

commenced before 1 st June 1995 through the application of the

provisions of this Ordinance, the following conditions shall, provided

they are inconsistent with the provisions of the said articles of this

Ordinance, apply in respect of such lease from 1 st June 2021

notwithstanding the provisions of the said articles of this Ordinance or

of any other law.

(2)

The lessor shall be entitled to file an application before the

Board requesting that the rent be reviewed to an amount not exceeding

two percent (2%) per annum of the free and open market value of the

dwelling-house on 1st January of the year in which the application is

filed and in order to establish new conditions regarding the lease.

(3)

(a)

When the request is made by the lessor in accordance

with sub-article (2) and the leased tenement is a dwelling-house, the

Housing Authority shall be notified with the application and shall have

the right to participate fully as intervenor in the proceedings;

(b)

the tenant shall in any case be entitled to the

benefit of legal aid provided by the Housing Authority in

proceedings filed in terms of this article

Provided that this shall not prejudice the rights of

the lessor who shall be entitled to the benefit of legal aid

provided by the Legal Aid Agency in proceedings filed in terms

of this article if he is not in full-time gainful employment;

(c)

at the initial stages of the proceedings the Board

shall conduct a means test of the tenant, which shall be based on

the means test provided for in the Continuation of Tenancies

(Means Testing Criteria) Regulations issued under article

1622A of the Civil Code and any regulations that may from time

to time replace them. The means test shall be based on the

income of the tenant between the 1 st January and the 31 st

December of the year preceding the year in which the

proceedings are commenced and the capital of the tenant on the

31 st December of the said year. The means test shall be

conducted with particular reference, inter alia, to regulations 4 to

8 of the Continuation of Tenancies (Means Testing Criteria)

Regulations which shall apply mutatis mutandis

Provided that when the lessor has the suspicion

that the tenant may have transferred his property, both movable

or immovable, with the intention of hiding these assets, he shall

have the right to request that the means test on the capital assets

shall go back to the 1 st January 2021 and when it is established

that the tenant has disposed of these assets for malicious

purposes, the Board shall nonetheless take them into

consideration in its means test.

(4)

Where the tenant does not meet the income and capital

criteria of the means test the Board shall, after hearing any evidence and

submissions produced by the parties, give judgement allowing the tenant

a period of two (2) years to vacate the dwelling-house. The

compensation for occupation of the dwelling-house payable to the lessor

during the said period shall be determined by the Board as the case may

(5)

Where the tenant meets the income and capital criteria of the

means test the Board shall proceed according to the following sub-

articles.

(6)

The Board, in any case, after summarily hearing the parties

and examining any evidence which it considers relevant, may also order

that an increased amount of rent be paid during the hearing of a pending

application filed in terms of sub-article (1).

(7)

When the rent amount is established in accordance with sub-

article (2), that rent may increase according to the regulations published

by the Minister responsible for housing from time to time

Provided that the demand for this increase shall be without

prejudice to the lessor’s right to request the revision of the rent in

accordance with sub-article (2), after a period of six (6) years from when

HOUSING (DECONTROL)

the new rent would have been fixed in accordance with the same sub-

article (2), unless an agreement is reached between the parties.

(8)

The lessor may, whenever it transpires that the economic

circumstances of the tenant have changed, file a new application before

the Board wherein he requests that a new means test of the tenant is

conducted according to paragraph (c) of sub-article (3) and if the tenant

does not satisfy the income and capital assets criteria of the means test,

the Board shall decide the case in terms of sub-article (4).

(9)

The provisions of this article shall also apply to cases wherein

a community of property on the dwelling-house exists and the tenant is a

co-owner of the same dwelling-house. When this is the case the Board

shall consider the tenant’s share in the leased dwelling-house and

subtract any part of the new rental amount payable by him to the other

co-owners proportionally.

(10) The provisions of this article shall also apply in every case

when the lessor has commenced proceedings with the aim of requesting

an increase in the rent under this law, as was applicable before the 1st

June 2021.

The Board shall allow the lessor to resume possession of the

dwelling house if the lessor requires the dwelling-house for his own

residence or for that of any of his ascendants or descendants, whether

by consanguinity or affinity, and the Board is satisfied that the tenant

has alternative accommodation, holding it in title of ownership which

is reasonably suitable to the means of the tenant and his family as

regards size and state of repair and proximity to his place of work (if

he is employed)

Provided that the Board shall also consider properties of the

tenant which despite being in the possession or detention of third

parties, may be recovered by the tenant within a short period of time

Provided further that the Board shall also consider

properties, the use of which would have been granted to third parties

under any other title including lease for the malicious purpose of

evading the effects of this article

Provided further that this article shall not be applicable

where the tenant is sixty-five (65) years of age or older

Provided further that this article shall be without prejudice

to the lessor’s right to obtain the termination of the lease in the case

that the tenant does not meet the income and capital criteria of the

means test mentioned under article 12B.

Where the lessor has resumed possession of the dwelling-

house under the provisions of article 12C and it is proved that there has

been simulation or fraud, the lessor shall be bound to pay, in lieu of

damages, to the tenant who has quitted the dwelling-house a penalty

not exceeding ten thousand euro (€10,000) to be fixed by the Board.

(1) The index of inflation for each of the years from 1947

until 1978 shall be that shown in the Schedule to this Ordinance,

taking 1946 as a basis at 100 points.

(2) The index of inflation for each year after 1978 shall be

established by the Principal Government Statistician as percentage

points for each of such years in continuation of the Schedule

aforesaid and on the basis of the all items retail price index, or a

similar index replacing it, and shall be published by him in the

Gazette not later than the end of March immediately following the

year to which the index refers.

(3) An increase in inflation shall be established by taking the

difference between the percentage points for the two relevant years,

as shown in the Schedule or as published in the Gazette, as a

proportion of the first of such years.

Clauses that bind the tenant to conditions which are

significantly less advantageous than those provided in this Ordinance,

whether such clauses have been stipulated prior to the 1st June 2021 or

afterwards, shall be considered null and void.

The Minister responsible for the Public Registry may make

regulations with respect to -

(a) the duties, powers and functions of the Land Valuation

Officer in connection with the compilation of a

register of decontrolled dwelling-houses, which may,

without prejudice to the generality of the foregoing,

include the power to demand the production of any

books or other documents relating to the premises in

respect of which an application for registration is made

and to enter and inspect the premises;

(b) the delegation by the Land Valuation Officer of any

such duties, powers and functions;

(c) the procedure and fees payable for registration;

(d) the particulars required to be noted in the register;

(e) the procedure relating to appeals from decisions of the

Land Valuation Officer to the Board and from

decisions of the Board on such appeals to the Court of

Appeal;

(f)

registry fees and fees payable to any advocate or legal

procurator in connection with such appeals as are

referred to in the last preceding paragraph;

(g) the inspection of the register, the taking of notes

therefrom, the issue of certificates of registration and

the fees payable therefor;

(h) generally for carrying the purposes of this Ordinance

into effect.

HOUSING (DECONTROL)

*

(1) The provisions of article 5(2) to (5), article 7, article

10 and article 11, shall not apply to the lease of any dwelling house

entered into on or after the 1st June, 1995.

(2)

For the purposes of sub-article (1) -

(a) the renewal of a lease on or after the 1st June, 1995

(whether such renewal be conventional, legal,

customary or otherwise) shall not be deemed to be a

lease entered into on or after the 1st June, 1995;

(b) the continued occupation of a dwelling house under a

lease from the directus dominus at the expiration of a

temporary emphyteutical concession expiring on or

after the 1st June, 1995 in terms of article 12 shall not

be deemed to be a lease entered into on or after the 1st

June, 1995.

(3) The provisions of article 12 shall not apply to any contract

of temporary emphyteusis entered into on or after the 1st June,

1995.

For the purposes of the provision of the benefit applicable to

tenants who satisfy the means test criteria contemplated in article 12B,

the Board shall send a copy of all the documentation gathered by it for

the purposes of said means test and the Housing Authority shall have

the right to retain this information for the purpose of research

Provided that the Board and the Housing Authority shall in any

case effect such transfers of information in full conformity with the

provisions of the Data Protection Act and any regulations issued under

the auspices of that Act from time to time.

(1)

All parties to a lease agreement, which is on the basis

of a title of lease, which may have also been established on the basis of

a preceding title of emphytheusis or sub-emphyteusis, which was

entered into after 1st June 1995, although originating from a controlled

private residential lease relationship, may register an agreement by

providing evidence of a contract

Provided that the registration of a lease agreement according

to this sub-article shall not prejudice the right of the lessor to file an

application in terms of article 12B whenever the rights emanating from

this Ordinance exceed those stipulated by the agreement.

(2) Any party to a decision of the Board, even if such decision is

appealed, wherein the lessor was given the permission to increase the

*Article 5 of Act XXXI of 1995 inter alia provides

5. Nothing in article 16 of the Housing (Decontrol) Ordinance shall be deemed to

restrict any of the powers of the Director of Social Housing under the Housing Act,

(Cap. 125) and the provisions of the Ordinance as in force immediately before the

coming into force of this Act (1st June 1995) shall, in as far as applicable, continue to

apply with regard to the relationship between the said Director and any owner of

premises in possession of the said Director on that date, or between the said Director

and any person legally in occupation of such premises. The provisions of the said

Ordinance as aforesaid shall also continue to regulate the relationship between any

person in occupation of such premises and the owner thereof.

rent amount of the controlled residential lease by virtue of the law as

applicable between April of 2018 and May of 2021, may register the

agreement in terms of the provisions of sub-article (1).