PRIVATE RESIDENTIAL LEASES ACT

CHAPTER 604

PRIVATE RESIDENTIAL LEASES ACT

AN ACT to promote the development of the private rented sector by

ensuring standards of fairness, clarity and predictability in contractual

relations between lessors and lessees and to safeguard and protect the right

to adequate accommodation, and to make provision with respect to matters

ancillary thereto or connected therewith.

1st January, 2020

ACT XXVIII of 2019, as amended by Act XX of 2024.

The short title of this Act is the Private Residential Leases

Act.

In this Act, unless the context otherwise requires

"the Act" means the Private Residential Leases Act;

"Adjudicating Panel" means the Adjudicating Panel for

Private Residential Leases established by article 23;

"Authority" means the Housing Authority established

by article 3 of the Housing Authority Act;

"Board" means the Rent Regulation Board established

by article 16 of the Reletting of Urban Property (Regulation)

Ordinance;

"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

PRIVATE RESIDENTIAL LEASES

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;

"lessee" means the lessee of the premises, or his spouse,

civil union partner, cohabitant or a member of his family up to

the second degree, whether direct or collateral;

"letting of shared residential space" means the letting of

any separate space in an apartment or building, with shared

amenities, such as kitchen and bathroom facilities;

"long private residential lease" means any lease,

negotiated for a primary residential purpose in accordance with

article 8 and which is not a short private residential lease;

"Minister" means the Minister responsible for housing;

"private residential lease" means any long or short

private residential lease, including the letting of shared

residential space, which is entered into after 1st January, 2020,

and any lease for a residential purpose entered into before the

1st January, 2020, which would still be in its original or

renewed period on the 1st January, 2021;

"residence" means a tenement let for a primary

residential purpose

Provided that guest houses or dormitories shall

not be considered as a residence for the purpose of this Act

Provided further that tenements in the island of

Malta and which are occupied by residents of the island of

Gozo and Comino due to employment or education on the

island of Malta shall also be regulated by this Act. The same

shall apply to residents of the island of Malta, who occupy

tenements in the island of Gozo and Comino due to

employment or education on the island of Gozo and Comino

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

Provided further that any property or part of a

property used as a residence must be fit for habitation;

"resident" means a lessee as defined under this article,

including any other occupant;

"short private residential lease" means any lease,

negotiated for a duration of six (6) months, which is meant to

satisfy the need of the following categories of lessees

(a)

non-resident workers who are employed

either for a period less than six (6) months or only to

complete a specific task within a maximum period of

six (6) months;

(b)

non-resident students who are enrolled in

courses for less than six (6) months;

(c)

residents who need to rent an alternative

primary residence for a period of less than six (6)

months;

(d)

non-residents who need to rent a tenement

for a period of less than six (6) months, provided that

they would not be seeking to establish their long

residence in Malta

Provided that a contract of short lease

shall identify the specific category within which the

lessee falls into and attest it through attached

documentation. In the absence of either of these

requirements the contract shall be deemed to be a

private residential lease in accordance with article 8

Provided further that any short private

residential lease negotiated for a period exceeding six

(6) months shall also be deemed to be a private

residential lease in accordance with article 8

Provided further that short

private

residential leases may not be extended;

"tourist" means any person who is traveling to and

staying in places outside his usual environment for not more

than one (1) consecutive year for leisure, business or other

personal purposes other than by taking up employment or to

establish his business in the place visited.

(1)

The provisions of the Act shall apply to private

residential leases that are entered into or renewed after the entry into

force of the Act

Provided that leases which were granted after the 1st June,

1995, and which are still in force on the day of the entry into force of

the Act shall continue to be regulated exclusively by the provisions of

the Civil Code, except for the cases specified under article 5.

(2)

The provisions of the Act shall not apply to

(a)

tenements belonging to the Government of

Malta

Provided that tenements owned by private

foundations set up for the purpose of providing

affordable housing shall not be considered as tenements

belonging to the Government;

(b)

tenements let to any tourist, exclusively for

tourism purposes

Provided that if a property is registered as a

holiday furnished premises in accordance with the Malta

Travel and Tourism Services Act, the Act shall still apply if the

applicant does not qualify as tourist;

(c)

tenements which are not let for a primary

residential purpose;

(d)

tenements let or granted on emphyteusis before

the 1st June, 1995

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.

(3)

Repealed by Act XX.2024.8.

PART II

PRIVATE RESIDENTIAL LEASE CONTRACTS

(1)

All private residential lease contracts entered into

after the entry into force of the Act, including their renewal, whether

express or tacit, shall be registered

Provided that contracts of private residential leases which

are not registered in accordance with the provisions of the Act shall

be null and void.

(2)

It shall be the obligation of the lessor to register, within

thirty (30) days of the commencement of the lease, the private

residential lease contract with the Authority

Provided that such registration shall be made subject to an

administrative fee levied by the Authority

Provided further that registrations made later than the time

specified in sub-article (2) shall be subject to an additional fee.

(3)

The registration shall have a retrospective effect from the

date of commencement of the lease

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.

(4)

If the lessor fails to comply with the obligation stipulated

in sub-article (2), the lessee may proceed to register the lease contract

himself, at the expense of the lessor

Provided that the lessee shall have the right to retain part of

the rent for the purpose of reimbursement of the administration fee

paid to the Authority.

(5)

An application for registration under article 4 may not

relate to more than one (1) private residential lease.

(6)

A separate application is required for every private

residential lease that is created

Provided that the lessor shall be bound to register the

renewal in accordance with the Act.

(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.

(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.

(9)

The registration process shall be completed exclusively

online.

(1)

Private residential leases which were entered into

after the 1st June, 1995, but before the coming into force of the Act,

and which would still be in force on the 1st January, 2021, whether in

their original or renewed term, shall be registered

Provided that the obligation to register shall also apply to

any lease that is renewed beyond the 1st January, 2021.

(2)

It shall be the obligation of the lessor to register the private

residential lease contract with the Authority in accordance with sub-

article (1) by the 1st January, 2021.

(3)

In the case of a conflict between the registered contract and

articles 7, 9, 11 and 17, the articles contained in the Act shall prevail.

(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).

(5)

If the lessor fails to comply with the obligation stipulated

in sub-article (1), the lessee may proceed to register the contract

himself, at the expense of the lessor

Provided that the lessee will have the right to retain part of

the rent for the purpose of reimbursement of the administration fee

paid to the Authority.

(1)

All private residential lease contracts made after the

entry into force of the Act shall be made in writing and shall include

the following requirements

(a)

the tenement to be leased;

(b)

the agreed use of the tenement let;

(c)

the period for which that tenement shall be let;

(d)

whether such lease may be extended and in what

manner;

(e)

the amount of rent that shall be paid and the

manner in which such payment shall be made;

(f)

any amount deposited by the lessee by way of

security for the performance of his obligations; and

(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.

(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.

(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.

(1)

Any of the following clauses which are inserted in a

private residential lease contract, shall be deemed to be without

effect

(a)

clauses which provide for the automatic

termination of the contract other than the non-fulfilment of the

lessee’s obligations under articles 1554, 1555, 1555A and 1614

of the Civil Code or the non-observance of any one (1) of the

conditions of the lease for which termination had been

expressly foreseen

Provided that where the lessee fails to pay

punctually the rent due, the lessor shall always call upon the

lessee in accordance with article 1570 of the Civil Code;

(b)

clauses which authorise the lessor to reduce,

without equivalent consideration, any benefits stipulated in the

contract;

PRIVATE RESIDENTIAL LEASES

(c)

clauses that exempt the lessor from any of the

responsibilities to which he is bound by law, including those

foreseen in articles 1545 and 1546 of the Civil Code, without

equivalent consideration;

(d)

clauses which impose the payment of additional

considerations, other than the rent, the deposit, the insurance

on the contents of the tenement and any contributions foreseen

in accordance with article 11(4) of the Condominium Act

Provided that any expenses relating to the

ordinary maintenance of the common parts of a condominium

shall be limited to those duties which, in accordance with the

Civil Code, are at the charge of the lessee

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

Provided further that the lessee may request the

restitution of any amounts unduly paid;

(e)

clauses which impose on the lessee any

additional consideration for the use of the movables, beyond

the payment of rent for the use of the dwelling

Provided that the lessee may request the

restitution of any amounts unduly paid;

(f)

clauses which stipulate the payment of a fixed

amount, separate from the rent, for the consumption of water,

electricity or other utility service if such amount does not

reflect the actual consumption of such utility services by the

lessee calculated at the rate reflecting the primary residential

use of the tenement and the total number of occupants residing

therein;

(g)

clauses which limit the use which one is

expected to make of a residence, subject to the observance of

the provisions relating to the maintenance and improvement

contained in the Civil Code and the rules of good

neighbourliness.

(2)

The registration of the private residential lease contract by

the Authority shall not imply the validation of any unlawful terms

contained therein.

A long private residential lease cannot have a duration of

less than one (1) year. Any agreement stipulating a shorter duration

shall be deemed to have been agreed for a period of at least one (1)

year.

(1)

A private residential lease shall cease to have effect

upon the expiration of its term, whether such term is conventional,

legal or judicial, provided that the lessor gives notice to the lessee at

least three (3) months before by registered letter

Provided that for the purpose of proving the fulfilment of

his obligation under sub-article (1), it shall be sufficient for the lessor

to provide evidence that the registered letter has been sent within the

stipulated time, and to the correct address.

(2)

If the lessor does not serve the lessee with a notice of

termination within the specified time, the private residential lease

shall be deemed to have been renewed for a further period of one (1)

year

Provided that in the absence of a notice of termination by

the lessor, the lease shall continue to be renewed.

(3)

This article shall not be applicable for short private

residential leases.

(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.

(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.

(1)

Any party to the agreement may request 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 website

a standard form which may be made compulsory for any person

entering a substitution agreement which is not in accordance with the

model agreement.

(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 website

a standard form which 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.

(1)

If the parties agree to the mutual termination of the

lease or the lessee abandons the rented property without notice, the

lessor may request the registration of a new lease on that same dwelling

house, despite the fact 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.

A short private residential lease shall cease to have effect

by operation of article 1566 of the Civil Code.

(1) The lessee may not withdraw from a long private

residential lease before the lapse of

(a)

six (6) months in the case where the lease is for a

period of less than two (2) years;

(b)

nine (9) months in the case where the lease is for

a period of two (2) years or more but less than three (3) years;

or

(c)

twelve (12) months in the case where the lease is

for a period of three (3) years or more

Provided that if the lessee withdraws from a long private

residential lease before the lapse of the period stipulated in sub-article

(1), the lessor may retain an amount not exceeding one (1) month’s

rent from the deposit left by the lessee by way of security, so however,

that the lessor may still proceed against the lessee to collect any other

amount due by him

Provided further that sub-article (1) shall be without

prejudice to the lessor’s right to demand the termination of the lease in

case of the lessee’s non-fulfilment of any one (1) of his obligations.

(2)

From the lapse of the periods mentioned in sub-article (1)

onwards, the lessee may withdraw at any time by giving notice to the

lessor, by registered letter

(a)

at least one (1) month before in the case where the

lease is for a period of less than two (2) years;

(b)

at least two (2) months before in the case where

the lease is for a period of two (2) years or more but less than

three (3) years; or

(c)

at least three (3) months before in the case where

the lease is for a period of three (3) years or more.

(3)

The parties may agree to stipulate more advantageous

conditions for the lessee in connection with the withdrawal of the

lease.

(4)

No penalty may be imposed on the lessee for exercising his

rights of withdrawal according to the periods stipulated in sub-article

(1).

(5)

In the absence of an adequate serving of notice, the lease

shall be deemed not to have been terminated by the lessee

Provided that for the purpose of proving the fulfilment of

the lessee’s obligation under sub-article (2), 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.

(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).

(1)

The lessee may not withdraw from a short private

residential lease before the lapse of one (1) month.

(2)

Following the lapse of the period mentioned in sub-article

(1), the lessee may withdraw at any time from a short private

residential lease so long as he gives a prior notice to the lessor of at

least one (1) week, by a registered letter.

(3)

The parties may agree to stipulate more advantageous

conditions for the lessee in connection with the withdrawal of the

lease.

(4)

No penalty may be imposed on the lessee for exercising his

rights of withdrawal in accordance with this article.

(1)

The rent shall be freely stipulated between the

parties.

(2)

Unless otherwise agreed, the payment of the rent shall be

deemed to have been calculated for one (1) month. In no case may the

lessor require the advance payment of more than one (1) month’s rent,

unless it is otherwise agreed by the parties

Provided that this shall be without prejudice to the lessor’s

right to request an amount by way of security, for the performance of

the lessee’s obligations.

(3)

The lessor shall be obliged to deliver to the lessee a receipt of

the payment, unless it has been agreed that payment is made through

procedures that are capable of proving the effective fulfilment of the

obligation.

(1)

Rent increases may only take place once every year.

In the absence of any express agreement, the rent cannot be revised

during the term of the lease

Provided that during the first year the rent shall be fixed at

the same amount.

(2)

Yearly increases may not exceed the annual variations

recorded in the Property Price Index published by the National

Statistics Office. The annual variation shall be understood as the

average of the previous four quarters recorded until the date of the

increase.

(3)

The increase foreseen in sub-article (2) may never exceed

the previous rent by more than five per cent (5%).

(4)

If the average annual variation is negative, this shall not

result in the reduction of the rent.

(1) Any agreement, whether verbal or in writing,

determining any condition which does not result from the written and

registered contract shall be considered as void.

(2)

In the cases referred to in sub-article (1), the lessee may

request the restitution of any amounts paid in excess of the total

amount resulting from the written and registered contract.

(3)

Any clause intended to derogate the minimum contractual

duration established by the Act shall be null and void.

(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.

(1)

The lessor is bound to ensure an adequate supply of

water and electricity whenever a tenement, or any part thereof, is

leased for a residential purpose

Provided that this article shall be without prejudice to the

supplier’s rights to suspend the supply of water and electricity under

the Electricity Supply Regulations and Water Supply Regulations, in

the case of non-payment of an account or where such powers are

specifically reserved to the Chairman of the electrical distribution

system operator or the Water Services Corporation as the case may

be.

(2)

The lessor is bound to acknowledge the number of persons

residing in the tenement for the purpose of calculating the correct

tariff applicable for electricity and water supply, and to grant the

lessee access to the account details relative to the leased tenement

Provided that the lessor’s obligations under this sub-article

shall be without prejudice to the lessee’s possibility of applying for

his temporary recognition as a consumer by the service provider and

to assume responsibility for the payment of bills relative to the leased

tenement, in his own name.

(3)

Any additional amounts incurred by the lessee as a result

of the lessor’s default to maintain his obligations stipulated in sub-

article (2) shall be recoverable by the lessee

Provided that the lessee may retain part of the rent due for

the purpose of reimbursement of such expenses.

(4)

The lessee shall ensure that no arrears for water and

electricity services are pending with respect to the period of the lease

Provided that the non-payment of water and electricity bills

during any period of the lease shall be considered as a partial default

and it shall entitle the lessor to demand the dissolution of the contract

in accordance with article 1570 of the Civil Code

Provided further that the tenant shall not be bound to pay

the utility services until he is provided with a copy of the bill, unless

he would have direct access thereto.

(1)

A tenant in default of his obligations, who remains

in occupation of the rented tenement beyond the lapse of his title,

shall be bound to pay the lessor an amount equivalent to the rent until

the date of the effective eviction of the property.

(2)

A demand for such compensation may be made

simultaneously with the demand for termination of the lease and, or

for the eviction of the lessee from the rented tenement.

(3)

Nothing contained in sub-article (1) shall preclude the

lessor’s right to obtain compensation for any greater damage.

PART III

MONITORING AND ENFORCEMENT

(1)

Notwithstanding the provisions of any other law, for

the purposes of verifying whether any tenement is occupied for a

residential purpose by any person or persons who are not the owners of

the tenement and who would be occupying the tenement without a

valid title of lease, for the sole reason that the lease agreement does not

satisfy the requisites ad validitatem in writing of a contract of lease or

that although it satisfies the requisites ad validitatem in writing is not

registered in accordance with the provisions of the Act, the

Chairperson of the Authority and such officer, employee or any other

person as may be authorised by the Chairperson for this purpose, and if

so required by the Chairperson with the assistance of the Police Force,

shall have the right to enter the private tenement, at all reasonable

times in order to inspect the tenement, or verify whether the tenement

is being occupied by any person, or to take any photographs after

entering or request any legitimate information from any occupier of

such tenement

Provided that such access shall require the prior issue of a

warrant signed by a Magistrate.

(2)

For the purpose of any investigation on the violation of any

other provision under the Act, the Chairperson of the Authority and

such officer, employee or any other person as may be authorised by the

Chairperson for this purpose, shall have the same right under sub-

article (1), but not before giving notice of at least twenty four (24)

hours to the occupant prior to the entry into the property.

(3)

Any person authorised pursuant to sub-article (1) shall

produce a means of identification issued by the Authority and thereon

be authorised to enter the tenement.

(4)

If any person makes any false report regarding the violation

of any of the provisions of the Act, knowing the same to be false, he

shall be liable to imprisonment for a period not exceeding three (3)

months or to a fine (multa) not exceeding five hundred euro (€500) or to

both such imprisonment and fine (multa).

(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..

(1) Without prejudice to any other remedy in terms of

the Act, in the event that a person served with an enforcement notice

under article 20 fails to comply with any of the requirements of such

notice within the time therein specified, the Authority may file an

application before the Board demanding that, if the Board is satisfied

that an occupation without title according to sub-article 20(1) is in

existence, a written contract shall be entered into for a period of three

(3) years at a rent which does not exceed seventy-five percent (75%)

of the market rental value of the tenement.

(2)

The Board may order that any amount be paid as

compensation for the occupation of the tenement to the person

granting the enjoyment of a tenement without title, whilst the hearing

of an application filed in terms of sub-article (1) is pending

Provided that the remedy under sub-article (1) shall not

apply in the case of the occupation without title of shared residential

space

Provided further that if there exists sufficient evidence to

determine that the agreed amount for the occupation without title was

lower than seventy-five percent (75%) of the market rental value of

the tenement, the rent shall be fixed at such amount agreed by the

parties.

(1)

Any person who

(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)

hinders, obstructs, molests or interferes with, or

attempts to hinder, obstruct, molest or interfere with, any

officer or employee of the Authority, or any police officer, or

any public officer in the execution of his duties under the law,

or fails to comply with any reasonable requirement demanded

of him by any such person as aforesaid or otherwise fails to

assist him in the carrying out of the said duties, or knowingly

furnishes such person with false information or neglects or

refuses to give any information required for the purpose

aforesaid; or

(c)

makes a declaration for any one (1) of the

purposes of the Act which is false, misleading or incorrect in

any material respect;

(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),

shall be guilty of an offence against the Act and shall be liable, on

conviction, to a fine (multa) of not less than two thousand and five

hundred euro (€2,500) and not exceeding ten thousand euro

(€10,000).

(2)

Proceedings against any person for any offence as is

mentioned in sub-article (1) shall be taken before the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo), as the case

may be, as courts of criminal judicature in accordance with the

provisions of the Criminal Code

Provided that, notwithstanding the provisions of article

376(1)(b) of the Criminal Code, the court shall, at the request of the

prosecution or of the accused, take down evidence given by the

witnesses in the manner provided for either in article 390(6) of the

Criminal Code or in any law for the time being in force.

Notwithstanding the provisions of the Criminal 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.

PART IV

ADJUDICATING PANEL FOR PRIVATE

RESIDENTIAL LEASES

(1)

There shall be an Adjudicating Panel for private

residential leases, hereinafter referred to as the "Adjudicating Panel".

(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.

(1)

The Adjudicating Panel shall consist of the

following

(a)

a Chairperson, who will be a person who has

practiced as an advocate for not less than three (3) years; and

(b) two (2) to four (4) professionals of a recognised

standing chosen from amongst persons of known integrity and

with knowledge of and experience in the real estate sector.

(2)

All members sitting on each panel, including the

Chairperson and the deputy Chairperson, shall be appointed by the

President of Malta acting on the advice of the Prime Minister.

(3)

Members of the Adjudicating Panel shall be appointed for

a term of five (5) years and, on the lapse of their term, they shall not

be eligible for re-appointment.

(4)

The Chairperson and members of the Adjudicating Panel

shall receive such remuneration as the Minister may, from time to

time, determine.

(5)

A person shall not be eligible to be appointed or to hold

office as a Chairperson or as a member of the Adjudicating Panel if

he

(a)

is a member of the House, of a local council or

of the European Parliament; or

(b)

is engaged in any business which has as its

objective the development of real estate or the renting of

immovable property

Provided that professional activity limited to the

design of buildings and the supervision of their construction

shall not be construed as engagement in any real estate

development business; or

(c)

has previously conducted himself in such a

manner as to cast doubt on his competence or soundness of

judgement; or

(d)

has a financial or other interest as is likely to

prejudicially affect the discharge by him of his functions; or

(e)

is otherwise not a fit and proper person to hold

that office.

(6)

Any member of the Adjudicating Panel may resign his

office by letter addressed to the President.

(7)

In the exercise of his functions under the Act, a member of

the Adjudicating Panel shall not be subject to the control or direction

of any other person or authority. An adjudicator may not be removed

from office except in the manner and for the reasons provided for in

article 97(2) of the Constitution, and any law or regulation made

pursuant to article 97(3) of the Constitution for the purposes of article

97(2) thereof shall apply mutatis mutandis to the procedure for the

presentation of an address and for the investigation and proof of the

inability or misbehaviour of an adjudicator under the provisions of

this article.

(8)

Members of the Adjudicating Panel shall be subject to the

Code of Ethics for Members of the Judiciary drawn up by the

Commission for the Administration of Justice in accordance with

article 101A(11)(d) of the Constitution, and reports or allegations of

such breaches shall be investigated by the Commission for the

Administration of Justice.

The provisions of the Code of Organization and Civil

Procedure relative to abstentions by and challenges to a magistrate,

and to the subrogation of and the distribution of duties amongst

magistrates shall, mutatis mutandis, apply to any member of the

Adjudicating Panel.

(1)

Every claim filed before the Adjudicating Panel

shall be made in writing.

(2)

The claim filed in accordance to sub-article (1) shall be

served to the defendant, who has a right to file a reply in writing

before the Adjudicating Panel within ten (10) days.

The Adjudicating Panel shall deliver judgement within the

shortest time possible but not any later than five (5) working days

from the date of the last submission by the parties, the witnesses or

the experts, as the case may be.

The Adjudicating Panel shall have power, exercisable

through its Chairperson, or by the person so authorised by the

Chairperson, to

(a)

summon witnesses;

(b)

take expert advice;

(c)

require any person who appears to it to have a

special knowledge of the matter under consideration to furnish

orally or in writing such particulars in relation thereto as the

Adjudicating Panel may require;

(d)

require access to the premises.

(1)

Every investigation by the Adjudicating Panel shall

be conducted in private.

(2)

The Adjudicating Panel may hear or obtain information

from such persons as it thinks fit, and may make such enquiries as it

thinks fit. It shall not be necessary for the Adjudicating Panel to hold

any hearing

Provided that a hearing shall only be given by the

Adjudicating Panel if it is considered to be necessary by the

Adjudicating Panel

Provided further that the defendant shall have the right to

file both a statement of defence as well as any counter-claim in terms

of the Act.

(3)

If at any time during the course of an investigation it

appears to the Adjudicating Panel that it is necessary to hear any oral

submissions, the Adjudicating Panel shall issue a notice of hearing to

the parties and shall summon any person that the Adjudicating Panel

considers to be relevant to the investigation, to appear before it and to

require them to give any evidence or produce any documents in their

possession, as it deems necessary

Provided that summons for attendance before the

Adjudicating Panel shall be signed by the Chairperson of the

Adjudicating Panel

Provided further that a summons may be served either by

hand or by registered post.

(1)

Any party who feels aggrieved by a decision of the

Adjudicating Panel may appeal on a point of law to the Court of

Appeal composed of one (1) judge only in accordance with article

41(9) of the Code of Organization and Civil Procedure.

(2)

The appeal shall be filed within twenty (20) days from the

date of the decision of the Adjudicating Panel.

(3)

The Court of Appeal shall be constituted in accordance

with article 41(9) of the Code of Organization and Civil Procedure.

PART V

MISCELLANEOUS

(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 register

following a recommendation 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).

(2)

Access to this register will be given to prospective lessors

or lessees who intend to sign a private residential lease agreement

Provided that information relating to any judicial or quasi-

judicial decisions delivered against the counterparty will only be

released upon the presentation of a draft lease agreement, identifying

the contracting parties.

(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).

(4)

Any record of any person contained in the registry referred

to in this article shall be automatically canceled upon the lapse of

three (3) years from the entry of such record.

(5)

The procedures relating to the registry referred to in this

article as well as its contents shall remain, in any case, subject to the

Data Protection Act and Regulation (EU) 2016/679 of the European

Parliament and of the Council of 27 April 2016 on the protection of

natural persons with regard to the processing of personal data and on

the free movement of such data, and repealing Directive 95/46/EC

(General Data Protection Regulation).

(1)

In exercising his functions under the Housing

Authority Act, the Chairperson of the Authority may make a request

in writing to a public authority requesting only the necessary details

relating to the person or property concerned.

(2)

When making a request under sub-article (1), the

Chairperson of the Authority shall provide the purpose for such a

request and the function being exercised under the Act.

(3)

The requested public authority shall provide the

Chairperson of the Authority the requested information referred to in

sub-article (1) within fifteen (15) days

Provided that the Chairperson of the Authority shall keep a

record of the request thereof, including the dates when the request

was submitted and when such data was provided or refused by the

public authority

Provided further that a public authority shall reject a

Chairperson’s request if it does not possess the requested information, or

if the request is contrary to law, incomplete or disproportionate to the

aim pursued.

(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.

Nothing in the Act shall prejudice the application of the

Data Protection Act or the Regulation (EU) 2016/679 of the European

Parliament and of the Council of 27 April 2016 on the protection of

natural persons with regard to the processing of personal data and on

the free movement of such data, and repealing Directive 95/46/EC

(General Data Protection Regulation).

The Minister may make regulations to give better effect to

the provisions of the Act, and without prejudice to the generality of

the foregoing may, by such regulations, prescribe anything that is to

b e o r w h ic h m a y b e p r e s c r i b e d a n d p ro v i de f o r an y m a t t e r

consequential, incidental to or connected with the provisions of the

Act.

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

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.