RELETTING OF URBAN PROPERTY (REGULATION) ORDINANCE

RELETTING OF URBAN PROPERTY (REGULATION) [CAP. 69.

CHAPTER 69

RELETTING OF URBAN PROPERTY

(REGULATION) ORDINANCE

To repeal and to re-enact with amendments the Urban Rent Regulation

Law.

19th June, 1931

ORDINANCE XXI of 1931, as amended by Act III of 1932; Ordinances

V and XX of 1935, XXIV of 1937, VIII and XXI of 1942, XIV of 1943,

XXVIII of 1947; Acts: IX of 1954, V of 1955; Ordinances: VI of 1959, XXV

of 1962; Act XI of 1962; Legal Notices: 4 of 1963, 46 of 1965; Acts: XXXII

of 1965, XXXI of 1966, I of 1968, I of 1972, LVIII of 1974; Legal Notice

148 of 1975; Acts: XVI and XXV of 1979, XIII of 1983, XIX of 1993, XXIV

and XXXI of 1995, VI of 2001 and XXXI of 2002; Legal Notice 408 of

2007; and Acts X of 2009 V of 2010, XXVIII of 2019, XXIV of 2021 and IV

of 2022.

The short title of this Ordinance is Reletting of Urban

Property (Regulation) Ordinance.

[A RTICLES 25 A ND 26]

FORM A

To the Registrar,

Rent Regulation Board.

I submit this application for the increase of rent or the imposition

of new conditions with regard to the renewal of the lease of the

premises (1)

now held by (2)

The present lease expires on the (3)

The present lease is at the rent of (4)

and under

the following conditions: (5)

I desire to raise the rent to (6)

and to impose the

following conditions: (7)

The grounds on which this application is based are: (8)

(Signature of applicant)

(1) Insert description of the premises viz: locality.

(2) Insert name of tenant.

(3) Insert the date of the expiration of the present lease.

(4) Insert rate of rent.

(5) Insert conditions of lease.

(6) Insert the proposed rate of rent.

(7) Insert the new conditions.

(8) Insert the grounds on which the application is based.

RELETTING OF URBAN PROPERTY (REGULATION) [CAP. 69.

FORM B

To the Registrar,

Rent Regulation Board.

I submit this application to resume possession of the premises at

(1)

now held by (2)

The present lease expires on the (3)

My application is based on the following grounds: (4)

(Signature of applicant)

(1) Insert description of the premises.

(2) Insert name of tenant.

(3) Insert date of expiration of lease.

(4) Insert the grounds on which the application is based.

FORM C

To the Registrar,

Rent Regulation Board.

Pursuant to the provisions of the Reletting of Urban Property

(Regulation) Ordinance, (Chapter 69), I hereby pray that the Board

may disallow the increase of rent and the imposition of new

conditions mentioned in the judicial letter served upon me by

(1)

with regard to the premises at

(2)

of which I am the tenant.

The present rent is (3)

and the said

(4)

has, by means of the said judicial letter dated

(5)

copy whereof is hereto attached,

signified his intention to increase the said rent. (6)

(Signature of applicant)

(1) Insert name of lessor.

(2) Insert description of the premises.

(3) Insert the yearly rent.

(4) Insert the name of the lessor.

(5) Insert the date of the judicial letter.

(6) Insert the grounds on which the application is based.

In this Ordinance, unless the context otherwise requires -

the expression "the Board" and "the Rent Board" mean the Rent

Regulation Board constituted under article 16;

the expression "club" means any club registered as such at the

Office of the Commissioner of Police under the appropriate

provisions of law;

the expression "let" includes sub-let;

the expression "premises" means any urban immovable property;

the expression "shop" means any premises principally leased for

the sale of any wares or merchandise, whether by wholesale or

retail, any market stall, warehouse and any premises licensed for

the sale of wine and spirits or refreshments, any cinema hall or any

other premises principally leased for the exercise therein of any art

or trade or for use as a club;

the expression "tenancy" includes sub-tenancy;

the expression "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

CAP. 69.] RELETTING OF URBAN PROPERTY (REGULATION)

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 further 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, 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 4A 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 4A;

(b)

in the case of a shop, where the tenant leaves no

widow or widower, such persons as are related to the tenant by

consanguinity or affinity up to the degree of cousin inclusively,

provided, in the latter case, such persons are the heirs of the

tenant;

(c)

in the case of a club, the person or persons from

time to time succeeding in the management or direction thereof,

that it includes any sub-tenant in relation to the tenant.

RELETTING OF URBAN PROPERTY (REGULATION) [CAP. 69.

It shall not be lawful for the lessor of any premises, at the

expiration of the period of tenancy (whether such period be

conventional, legal, customary or consequential on the provisions

of this Ordinance), to refuse the renewal of the lease or to raise the

rent or impose new conditions for the renewal of the lease without

the permission of the Board.

The Board shall grant the said permission

(a) if the lessor is bound to carry out or has reasonable

cause for making any alterations or works other than

ordinary repairs;

(b) if the new lease established in accordance with the

provisions of this Ordinance is not more than two per

cent (2%) per annum of the freehold value of the

tenement on the open market.

(1)

When a person is in occupation of a dwelling-house

on the basis of a lease 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

CAP. 69.] RELETTING OF URBAN PROPERTY (REGULATION)

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 or according to sub-

regulation (5) of regulation 4 of the Continuation of Tenancies

(Means Testing Criteria) Regulations, whichever date comes

earlier, 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 be.

(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

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).

RELETTING OF URBAN PROPERTY (REGULATION) [CAP. 69.

(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.

(1) In the case referred to sub-article (1)(a) of the last

preceding article, the Board shall allow such increase as it may

deem justified, having regard to the benefit resulting from the

alterations or works.

(2) Any such increase shall take effect from the date of the

completion of the alterations or works.

(1) Where permission is granted to the lessor to increase

the rent or to impose new conditions, the tenant shall, within fifteen

days of the decision of the Board, accept the terms laid down by the

Board or refuse the same; in the latter case, the tenant must vacate

the premises within a time to be fixed by the Board and continue to

pay rent for the occupation thereof after the termination of the lease

at the increased rate allowed by the Board.

(2) The tenant shall be deemed to have accepted such terms if

within the said time of fifteen days he fails to signify his intention

to the contrary, by means of a judicial letter.

(1) Where the lessor desires to increase the value of the

premises by works or alterations to be carried out at the termination

of the lease, he must apply to the Board for permission to do so.

(2) If the application is granted, the Board shall allow an

increase of rent having regard to the cost and importance of such

improvements.

(3) The increase of rent shall commence as from the day of the

completion of the works.

(1) Where the lessor desires to resume possession of the

premises at the termination of the lease he shall apply to the Board

for permission to do so.

(2) The provisions of this article shall not apply to premises

belonging to or administered by the Government.

The Board shall grant the permission referred to in the last

preceding article in the following cases

(a) if the tenant has in the course of the previous lease

failed to pay punctually the rent due by him, or has

caused considerable damage to the premises, or

otherwise failed to comply with the conditions of the

lease, or has used the premises for any purpose other

than that for which the premises were leased, or has

sublet the premises or made over the lease without the

express consent of the lessor.

For the purposes of this paragraph

CAP. 69.] RELETTING OF URBAN PROPERTY (REGULATION)

(i)

the tenant shall be deemed to have failed to pay

punctually the rent due by him if in respect of

each of two or more terms he has not paid the

rent within fifteen days from the day on which

the lessor has called upon him for payment;

(ii) any subtenancy of a portion only of the

premises, made on or after the l3th day of July,

1945, for the use of the portion sublet otherwise

than as a shop and the residue of the premises

continuing to be occupied by the tenant or by

any member of his family, shall not be deemed

to be a subtenancy referred to in this paragraph;

(iii) any subtenancy or assignment of lease of any

premises, including a shop, made at any time

between the 10th day of June, 1940, and the l3th

day of July, 1945, both days inclusive, shall not

constitute a good reason for the grant of the

permission referred to in article 8;

(b) 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 4A..

Saving the provisions of the last preceding article, any

right of preference granted by the Civil Code in the case of renewal

of a lease of any premises shall, so far as the tenant is concerned,

remain in abeyance during the time in which this Ordinance shall

be in force.

RELETTING OF URBAN PROPERTY (REGULATION) [CAP. 69.

Where the lessor has resumed possession of the premises,

under the provisions of article 9(b) 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 premises a penalty not

exceeding ten thousand euro (€10,000) to be fixed by the Board.

Where the premises consist in a shop, the lessor shall not

be entitled to resume possession thereof during the time in which

this Ordinance shall be in force, except in the case mentioned in

article 9(a) or where the premises belong to or are administered by

the Government or are otherwise required by the Government for

any public purpose.

(1) When the lessor requires the premises for his own

occupation or for that of any of his ascendants or descendants,

whether by consanguinity or affinity, or of a brother or sister or of

an adoptive child, and the Board has granted the requisite

permission, the Board shall allow the tenant a reasonable period

within which to vacate the premises, having regard to the

circumstances of each case.

(2) The said period is allowed in favour of the tenant who may

at any time within such period quit the premises and claim the

refund of any part of the rent corresponding to the unexpired

portion of the renewed tenancy.

Repealed by Act XXIV.2021 .15.

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.

(1) There shall be a Board to be known as the Rent

Regulation Board.

(2) The Board shall consist of a Chairman who shall be

appointed by the President of Malta from among the judges and

magistrates.

(3) The President of Malta may appoint several judges or

magistrates to sit on the Board, but only one judge or magistrate

shall sit in any one case.

(4) Without prejudice to any other law the Board shall also

decide all matters affecting the leases of urban property including

residential as well as commercial property in terms of Title IX of

Part II of Book Second of the Civil Code, Of Contracts of Letting

and Hiring, including causes relating to the occupation of urban

property where such leases have expired after the termination of the

CAP. 69.] RELETTING OF URBAN PROPERTY (REGULATION)

rent, and any damages resulting during such period of occupation

Provided that matters relating to the validity of a contract of

lease, shall be examined by the courts of civil jurisdiction, so

however, that any other matter following the determination of such

matters relating to validity shall fall under the competence of the

Rent Board.

The Rent Board shall also have the competence to decide demands

related to maintenance, repairs, defects and faults of the tenement

including latent ones, damages or improvements, amounts due for

water and electricity and any amount left by way of security deposit by

the tenant, where such demands are included in other demands or pleas

made before the Board, over which the Adjudicating Panel has no

jurisdiction.

16A.(1)(a)In actions before the Rent Board, where the demand is

solely for the eviction of any person from the lease or

sub-lease of any urban, residential or commercial

tenement, with or without a claim for rent or any other

consideration due or by way of damages for any

compensation, up to the date of the surrender of the

tenement, it shall be lawful for the applicant to

demand in the sworn application that the Board gives

judgment allowing his demand, without proceeding to

trial

Provided that when the demand for eviction is made with a

claim for rent or any other consideration due or damages

for any compensation, the Rent Board shall decide the

demand for eviction at the first hearing before deciding

any other demands made by the applicant

Provided that the applicant shall, in his sworn

application state that the respondent has no defence to

the action

Provided further that the applicant shall also file

together with the application a sworn affidavit

containing facts relative to the claim, and confirming

that such facts are within his knowledge. The applicant

may also file together with his application an affidavit

of any other third party confirming facts relative to the

claim.

(b) In the cases provided for in this article, the sworn

application shall be in writing according to the

prescribed form and shall contain an order to the

respondent to appear before the Board, on an

appointed day and at a stated time.

(c) In the cases provided for in this article, the sworn

application shall also indicate clearly that the

procedures conducted are special summary procedures

where judgement shall be given at the first hearing of

the case should the respondent fail to appear at that

RELETTING OF URBAN PROPERTY (REGULATION) [CAP. 69.

sitting or should he fail at that sitting to show that he

has a valid defence to put forth to rebut the applicant’s

claims.

(2) A copy of the sworn application shall be served upon the

respondent.

(3) In the cases referred to in sub-article (1), the sworn

application shall be served on the respondent without delay; and he

shall be ordered to appear not earlier than fifteen days and not later

than thirty days from the date of service

Provided that in the case of non-observance of the

provisions of this article the Board shall not stop proceedings by

special summary proceedings but shall give such orders as it may

consider appropriate so that the rights of the parties be not

prejudiced.

(4) The sworn application, and the affidavit produced

therewith, and any order referred to in sub-articles (2) and (3) shall

be served by means of any executive officer of the courts after

judicial hours.

(5)

(a) If the respondent fails to appear to the sworn

application, or if he appears and does not contest the

proceedings taken by the applicant, on the ground of

i r r e g u l a r i t y o r i n a p p l i c a b i l i t y, o r , h a v i n g

unsuccessfully raised such plea, does not by his own

sworn evidence, or otherwise, satisfy the Board that he

has a prima facie defence, in law or in fact, to the

action on the merits, or otherwise discloses such facts

or issues of law as may be deemed sufficient to entitle

him to defend the action, the Board shall forthwith

give judgement, allowing the applicant’s claim. The

respondent may make his submissions to contest the

proceedings taken by applicant on the ground of

irregularity or inapplicability by means of a note to be

filed in the registry of the Board or during the hearing.

(b) If the respondent successfully contests the proceedings

on the ground of irregularity, or inapplicability, or if he

satisfies the Board that he has a prima facie defence to

the action, or discloses such facts or issues of law as

may be deemed sufficient to entitle him to defend the

action or to set up a counter-claim, he shall be given

leave to defend the action and file a reply within

twenty days from the date of the order referred to in

paragraph (d).

(c) Where leave to defend is given, the action shall be

tried and determined, on the same acts, in the ordinary

course as provided in this Ordinance.

(d) The order giving leave to defend shall be made orally,

a record thereof being kept in the proceedings.

CAP. 69.] RELETTING OF URBAN PROPERTY (REGULATION)

The Board shall not deal with any demand made by either

party to the lease, if the agreement, contracted after the entry into

force of the Private Residential Leases Act, is not registered in

accordance with article 4 of the Private Residential Leases Act

Provided that the Board shall not have jurisdiction to determine

any demand made by either party to a lease entered into after the 1st

June, 1995, but before the coming into force of the Private Residential

Leases Act, which is renewed or extended beyond the 1st January,

2021, and which is not registered in accordance with article 5 of the

Private Residential Leases Act.

The President of Malta shall also appoint a Panel of

Architects and Civil Engineers from among persons who hold the

warrant to practice as Architect and Civil Engineer according to the

provisions of the Architects Ordinance and who have practised that

profession in Malta for not less than seven years.

(1) The members of the Panel shall not enter upon the

duties of their office unless they have taken and subscribed an oath

before the Chairman to exercise their functions under this

Ordinance with impartiality and in accordance with the law.

(2) The members of the Panel shall be appointed for a period of

two years and may be reappointed.

(1) The Chairman or any other member of the Panel may

abstain or may be challenged by any of the contending parties for

a n y o f t h e c a u s e s m e n t i o n e d i n a r t i c l e 7 3 4 o f t h e C o de o f

Organization and Civil Procedure.

(2) Any question regarding any cause of abstention or

challenge shall be decided by the Chairman of the Board.

(1) The Board shall have all such powers as are, by the

Code of Organization and Civil Procedure, vested in the Civil

Court, First Hall.

(2) The enforcement of the decisions of the Board in the

m a n n e r p r e s c r i b e d i n t h e C o d e o f O rg a n i z a t i o n a n d C i v i l

Procedure, shall vest in the Board itself.

Any warrant or order issued by the Board shall be signed

by the Chairman and certified by the Registrar or Clerk of the

Board.

The Registry of the Superior Courts in Malta, or the

Registry of the Courts of Magistrates in Gozo, as the case may be,

shall be the Registry of the Board and therein shall be deposited the

records of the Board.

RELETTING OF URBAN PROPERTY (REGULATION) [CAP. 69.

(1) Whenever a question arises before the Board requiring

the valuation of any premises or any other technical opinion in

connection with any case before the Board, the Chairman shall

assign two of the members of the Panel to examine the premises in

question, or to take cognizance of the record of the case relative to

the matter in which the technical opinion is requested; and such two

members shall present their report to the Chairman during the

sitting or file the said report in the registry of the Board as the

Chairman may direct

Provided that where the valuation of any premises or any other

technical opinion in respect of premises is required before the

board and where

(i)

it results that the valuation or other technical opinion

in respect of the same premises was given before a

court by an Architect or Civil Engineer appointed by

such court with the agreement of the lessor and the

tenant who were parties to the said case before the

court and who are also parties to the case before the

board; and

(ii) the said valuation or other technical opinion was

confirmed in a final judgment of a court,

the chairman may, after hearing the parties, decide to rely on the

said valuation or technical opinion to such an extent as he deems fit

instead of assigning two (2) members of the Panel to examine the

premises in accordance with this article

Provided further that the chairman may also decide to rely on

any valuation or other technical opinion instead of assigning two (2)

members of the Panel as aforesaid where all the parties to the case agree.

(2) The Chairman may also require the members of the Panel

assigned to a case to attend the sitting of the Board when that case

is being considered by the Board if the said members require

additional information from the parties or need to hear any

particular witnesses.

(3) The Chairman shall only be bound by the reports of the

Panel whenever the reports of the two members of the Panel

assigned to a particular case are unanimous; where unanimity is not

reached by the said two members, the Chairman shall on the basis

of the reports submitted by the two members, decide the matter

himself.

(1) The decisions of the Board shall be delivered by the

Chairman in open court, and no appeal shall lie therefrom except -

(a) in the case of applications under the provisions of

article 8 hereof; and

(b) in other cases, on a point of law determined by the

Board.

CAP. 69.] RELETTING OF URBAN PROPERTY (REGULATION)

(2) The appeal shall be brought before the Court of Appeal as

constituted in terms of article 41(9) of the Code of Organization

and Civil Procedure by means of an application, within twenty days

from the day on which the decision of the Board is delivered.

(1) Any application made by the lessor for permission to

increase the rent or impose new conditions shall be drawn up

according to Form A in the Schedule hereto and shall contain a

demand for permission to increase the rent or impose new

conditions, stating the grounds therefor and specifying the rent and

conditions of the current lease.

(2) Any application for resuming possession of the premises at

the termination of the lease shall be drawn up according to Form B

in the Schedule hereto and shall state the grounds on which the

demand is founded.

Any applications made by the tenant under the provisions

of article 14(2) shall be drawn up according to Form C in the

Schedule hereto.

(1) No nullity shall arise if any other form is used

provided the application contains the information required under

article 25.

(2) The Board may, at any time, allow any amendment to be

made in the application for the purpose of making it clearer.

(1) The application shall be filed in duplicate, and a copy

thereof, bearing the date on which the Board will first take

cognizance of the application, shall be served on the other party, at

applicant’s expense.

(2) The date of hearing shall be so fixed by the Board that not

less than fifteen days shall intervene between the filing of the

application and the first hearing of the matter, provided that not

less than twelve days shall elapse between the date of serving of the

application and the date fixed for the hearing of the application;

and the date of hearing shall be endorsed on the duplicate

application by the Registrar or Clerk of the Board under

instructions from the Chairman.

On the filing of each application there shall be paid a

registry fee as established in accordance with article 39.

The lessor or the tenant on whom the application has been

served shall make his submissions, orally or in writing, if any, at

the hearing of the matter. He may, however, accede to the requests

contained in the application, by means of a written reply filed in he

Registry of the Board at any time previous to the date fixed for the

hearing.

RELETTING OF URBAN PROPERTY (REGULATION) [CAP. 69.

In default of any submissions on the date fixed for hearing,

in contestation of the request contained in the application, the

Board shall allow the application.

If the party on whom the application has been served files a

reply whereby he accedes to the request contained in the

application, the Chairman shall allow the application in camera.

The parties may appear before the Board in person or may

appear or be assisted by an advocate or a legal procurator.

If the applicant fails to appear at the hearing of the

application, the Board shall dismiss the application and order the

costs to be borne by the applicant

Provided that the applicant may, within six days of such

decision, apply to the Board for a re-trial of his application if he

explains his default to the satisfaction of the Board.

(1) The application shall be drawn up in the Maltese

language. Where, however, the party on whom the application is to

be served is reasonably believed to be an English-speaking person

within the meaning of the Judicial Proceedings (Use of English

Language) Act, the provisions of article 5 of the said Act shall

apply.

(2) The application shall be signed by the party himself or by

an advocate or a legal procurator.

The proceedings shall be conducted in accordance with the

provisions as to language contained in the Constitution of Malta

and in the Judicial Proceedings (Use of English Language) Act.

The provisions of Title X of Book Third of the Code of

Organization and Civil Procedure and any other provisions of the

said Code relating to the benefit of legal aid shall apply to parties

to proceedings before the Board.

The registrar shall not levy fees in connection with

proceedings under this Ordinance other than those provided in

article 29.

The expenses in connection with the administration of the

Board shall be paid out of the Consolidated Fund without the

necessity of any further appropriation.

CAP. 69.] RELETTING OF URBAN PROPERTY (REGULATION)

The Minister responsible for justice may by notice

prescribe -

(a) the fees payable to the members of the Panel;

(b) the fees payable to advocates and legal procurators for

any proceedings before the Board; and

(c) the registry fees payable on the filing of any judicial

act

Provided that until such fees are so prescribed by the

M i n i s t e r, t h e f e e s c o n t a i n e d i n S c h e d u l e A t o t h e C o d e o f

Organization and Civil Procedure shall apply.

The costs of the proceedings shall be borne by the parties

or by any of the parties as the Board may direct.

(1) If during the hearing of any application the Board

finds that the application is vexatious, the Board may order the

offending party to pay to the other party a penalty not exceeding

eleven euro sixty-five cents (11.65).

(2) The Board may, moreover, inflict on the applicant a fine

recoverable by the Accountant General as a civil debt, of an amount

not exceeding three euro and forty-nine cents (3.49) or one half of

one month’s rent of the premises, whichever is the less.

Where it appears that any of the parties has obtained a

favourable decision from the Board in consequence of any false

statement made by him, it shall be lawful for the opposite party to

apply to the Board for a new trial and also to maintain an action

before the competent court for damages and for the payment of a

penalty not exceeding four hundred and sixty-five euro and eighty-

seven cents (465.87) to be fixed by such court.

The application for a new trial must contain the facts on

which the application is based and must be accompanied by the fees

referred to in article 29.

(1) For the purposes of this Ordinance the term "letting"

shall be deemed to include -

(a) any emphyteutical grant for a period not exceeding

sixteen years; and

(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 premises other than a

hotel or lodging-house licensed as such by the Police;

and

(c) any other agreement whereby any real or personal

right on any premises, which right includes that of

occupation of those premises, is granted under an

onerous or commutative title for a period of time,

whether such time is established by fixing a certain

RELETTING OF URBAN PROPERTY (REGULATION) [CAP. 69.

specified day or whether it can be established by

reference to a certain or to an uncertain future event.

(2) The provisions of this article shall not apply to

accommodation provided by the Government in requisitioned

premises.

(1) It shall be lawful for the Minister responsible for

justice to make regulations relating to the sittings of the Board and

any other matter that may be necessary for the better carrying into

effect of this Ordinance.

(2) Such regulations shall be published in the Government

Gazette and a copy thereof shall as soon as possible be laid on the

Table of the House of Representatives and they shall remain in

force until repealed, or amended, by the Minister responsible for

justice or by a resolution of the House of Representatives.

* (1) The foregoing provisions of this Ordinance shall not

apply to the lease of any premises entered into on or after the 1st

June, 1995

Provided that articles 16 to 45 shall also apply to all leases

made after the 1st June, 1995.

(2)

For the purposes of this article -

(a) the term "lease" includes any letting as defined in

article 44(a), (b) or (c) and includes a sub-lease;

(b) 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.

For the purposes of the provision of the benefit applicable to

tenants who satisfy the means test criteria contemplated in article 4A,

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.

*Article 5 of Act XXXI of 1995 inter alia provides

5. Nothing in article 46 of the Reletting of Urban Property (Regulation) 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.

CAP. 69.] RELETTING OF URBAN PROPERTY (REGULATION)

(1)

All parties to a lease agreement, which was entered

into after the 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 4A 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 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).