Leases Regulations, 2019

L.N. 354 of 2019

PRIVATE RESIDENTIAL LEASES ACT

(CAP. 604)

Adjudicating Panel For Private Residential

Leases Regulations, 2019

IN EXERCISE of the powers conferred by article 34 of the

Private Residential Leases Act, the Minister for the Family, Children’s

Rights and Social Security has made the following regulations:-

Part I

PRELIMINARY PROVISIONS

The title of these regulations is the Adjudicating Panel for

Private Residential Leases Regulations, 2019.

Forms

FORM 1: Notice of Claim.

FORM 2: Reply.

FORM 3: Counter-claim Reply.

FORM 4: Notice of Hearing.

FORM 5: Summons to Witness.

FORM 6: Order of Escort.

REGISTRY FILE NUMBER

Form 1

LOCATION

NOTICE OF CLAIM

IN THE ADJUDICATING PANEL FOR PRIVATE

RESIDENTIAL LEASES

FROM

CLAIMANT

Fill in the name,

address and telephone

of the person(s)

making the claim

TO

DEFENDANT

Fill in the name,

address and telephone

number of the persons

the claim is against

NOTICE TO THE PARTY AGAINST WHOM THE CLAIM IS MADE

Whoever is served with this notice of claim must within 10 days from the date of service file a reply. If

he fails to do so, the Adjudicating Panel may then proceed to determine the dispute in his absence

FOR OFFICE USE ONLY

Adjudicating Panel

AMOUNT CLAIMED

€

staff will fill in this

FILING FEES

€

part

SERVICE FEES

€

TOTAL

€

PARTICULARS OF THE CLAIM

WHERE?

WHEN?

Te l l w h e r e

this

Te l l w h e n t h i s

happened

happened

HOW MUCH?

State how much is

b e i n g c l a im e d f r o m

the defendant

€

STEP 1

FROM

COMPLETE the NOTICE OF

You must be sure that the address that you give is

CLAIM using a typewriter or writing

correct because this is where the Registry will

clearly. Make sure that all the copies

send you any further notices or information. If

are legible.

your address changes at any time please notify

the Registry immediately.

STEP 2

FILE the NOTICE OF CLAIM by

TO

taking it to the Adjudicating Panel

Be sure that you have the correct address of

Registry. You must pay a filing fee,

defendant. If there is more than one defendant

which depends on the amount you are

put the name of each defendant (side by side) in

claiming and a service fee. The staff

the space provided. In such a case however make

will check the form and when it is

sure that the claim is a result of the same

accepted for filing, apply the registry

transaction.

stamp, add on filing and service fees

WHAT HAPPENED?

a n d a s s i g n a f i l e n u m b e r. T h e

Registrar will then proceed to serve

You do not need to tell everything about your

on your behalf the defendant with a

case here. You must tell just enough to l et

copy of the Notice of Claim.

defendant know what the case is all about. Keep

your description brief. You will have a full

opportunity to present all the facts during the

trial.

STEP 3

WHAT HAPPENS AFTER

WHERE?

If the defendant files a reply, you will

A Notice of Claim must be filed in the Registry

be served with a copy of the reply.

of the Adjudicating Panel where the transaction,

to which the claim refers, took place.

HOW MUCH?

You must here state the amount of your money

clai m. The said amount cannot exceed five

thousand euro (€5,000).

PARTICULARS OF THE CLAIM - continued

LIST YOUR WITNESSES IN

Name and address of persons you intend to call as witness

THIS PART

WHAT HAPPENED?

ATTACH EXTRA SHEETS IF SPACE IS INSUFFICIENT

Say what is being claimed,

stating briefly the facts that

led to the dispute

signature of claimant

date

REGISTRY FILE NUMBER

Form 2

LOCATION

REPLY

IN THE ADJUDICATING PANEL FOR PRIVATE

RESIDENTIAL LEASES

TO

CLAIMANT

Fill in the name,

address and telephone

number of the person

making the claim

against you

FROM

DEFENDANT

Fill in the name,

address and telephone

number

of

the

defendant filing this

reply

NOTICE TO DEFENDANT

If with your reply you want to make a counter-claim then you should complete the part of this form

entitled "Reply with Counter-claim".

WHERE DEFENDANT THINKS SOMEONE ELSE SHOULD PAY THE CLAIM

If you think that someone else should pay the claim, whether in full or in part, you should indicate such

other party and serve him with a copy of the claim made against you, your reply, a notice to a third party

form and a blank reply form.

Adjudicating Panel

FOR OFFICE USE ONLY

staff will fill in this

AMOUNT CLAIMED*

€

part

FILING FEES

€

*Amount claimed is

only applicable if you

SERVICE FEES

€

as a defendant are also

TOTAL

€

making a counter-

c la im t o g et he r w ith

this reply

STEP 1

FROM

C O M P L E T E t h e R E P LY u s i n g a

This is where you identify the party who is filing

typewriter or writing clearly. Make

this Reply. Give an address where notices and

sure that all the copies are legible.

other information about the dispute can be sent to

you. If this address changes at any time be sure to

inform the Adjudicating Panel Registrar.

STEP 2

FILE the REPLY by taking it to the

DISPUTE

Adjudicating Panel for Private

You do not need to tell everything about your

Residential Leases where the

case here. You must tell just enough to indicate to

NOTICE OF CLAIM against you was

the claimant and to the Adjudicating Panel what

filed. The staff will check your form

parts of the claim you dispute and why. If there is

and if it is in order, accept it for

anything in the Notice of Claim with which you

filing. The REPLY must be filed

agree, be sure to include that in your reply.

within the 10 days from when you are

served with the NOTICE OF CLAIM.

STEP 3

COUNTERCLAIM

Where defendant thinks that someone

If you want to make a counter-claim that is a

else should pay the claim, he should

claim against the claimant, then together with

fill that part of the form which

your reply you must also complete that part of

concerns a third party.

the form entitled "Reply with Counter-claim"

following the instructions on this form. To make

a counter-claim your own claim must be

connected to or related to the claim that the

claimant has made against you.

PARTICULARS OF YOUR REPLY

LIST YOUR WITNESSES

Name and address of whom you intend to call as witness

IN THIS PART

DISPUTE

ATTACH SEPARATE SHEETS IF SPACE IS NOT ENOUGH

State if you are disputing

the claim being made. If

you are then explain with

what you disagree and why

Defendant’s signature

date

REPLY WITH COUNTERCLAIM

If defendant wishes to make a counter-claim, the following part should also be filled.

WHERE?

WHEN?

Te l l w h e r e

this

Te l l w h e n t h i s

happened

happened

HOW MUCH?

State how much is

b e i n g c l a im e d f r o m

the defendant

€

PARTICULARS OF THE COUNTERCLAIM

LIST YOUR

Name and address of person you intend to call as witnesses

WITNESSES IN

THIS PART

WHAT HAPPENED?

Attach extra sheets if space is insufficient

Say what is being

claimed,

stating

briefly the facts that

led to the dispute

Signature of defendant

Date

REGISTRY FILE NUMBER

Form 3

LOCATION

COUNTERCLAIM REPLY

IN THE ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES

TO

DEFENDANT

Fill in the name,

address and telephone

number of the person

making the claim

against you

FROM

CLAIMANT

Fill in the name,

address and telephone

number

of

the

defendant filing this

reply

My reply to your counter-claim is that

State reasons

Adjudicating Panel

FOR OFFICE USE ONLY

staff will fill in this

AMOUNT CLAIMED*

€

part

FILING FEES

€

*Amount claimed is

only applicable if you

SERVICE FEES

€

as a defendant are also

TOTAL

€

making a counter-

c la im t o g et he r w ith

this reply

STEP 1

FROM

COMPLETE the COUNERCLAIM

This is where you identify the party who is filing

REPLY using a typewriter or writing

this Reply. Give an address where notices and

clearly. Make sure that all the copies

other information about the dispute can be sent to

are legible.

you. If this address changes at any time be sure to

inform the Adjudicating Panel Registrar.

STEP 2

FILE the COUNERCLAIM REPLY

DISPUTE

by taking it to the Adjudicating Panel

You do not need to tell everything about your

for Private Residential Leases where

case here.

you filed the NOTICE OF CLAIM.

The staff will check your form and if

it is in order, accept it for filing. The

COUNERCLAIM REPLY must be

filed within the 10 days from when

you are served w ith the counter-

claim.

PARTICULARS OF YOUR COUNTERCLAIM REPLY

LIST YOUR WITNESSES

Name and address of whom you intend to call as witness

IN THIS PART

DISPUTE

ATTACH SEPARATE SHEETS IF SPACE IS NOT ENOUGH

State if you are disputing

the claim being made. If

you are then explain with

what you disagree and why

Defendant’s signature

date

REGISTRY FILE NUMBER

LOCATION

NOTICE OF HEARING

IN THE ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES

CLAIMANT

AND

DEFENDANT

You are informed that the hearing of your claim will take place before an

Adjudicator of the Adjudicating Panel for Private Residential Leases

date

time

address where the hearing will be held

signature of Adjudicating Panel Registrar

date

NOTICE OF HEARING

ATTEND for the hearing at least ten minutes before the appointed time.

Make sure that you are fully prepared, since this will be your only opportunity to

state your case and submit your evidence to the Adjudicating Panel.

BEAR IN MIND these points

1) BRING all the documents that are relevant to the case such as receipts,

correspondence or agreements.

2) MAKE SURE that any witnesses whose evidence you need arrive early. If a

witness is not prepared to attend voluntarily, then you should apply to the

Adjudicating Panel for the issue of a Summons to Witness (Form 7). The

summons is an order of the Adjudicating Panel telling the witness to attend for

the hearing.

3) PREPARE what you are going to say beforehand. Go over all the facts in

chronological order. You may during the hearing refer to any notes you may have

prepared beforehand.

REGISTRY FILE NUMBER

LOCATION

SUMMONS TO WITNESS

IN THE ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES

In the case between

Fill in the names of the

parties to the claim

copying them from the

CLAIMANT

AND

DEFENDANT

WITNESS

address of the person you

Name of party who

APPLICANT

Witness is required to attend before the Adjudicating Panel for

Private Residential Leases

Fill in the place, date and

on

date

at

time

at

full address of the place where witness must attend

WHY IS THE WITNESS BEING SUMMONED

State briefly to your

witness why you need his

Witness is required to bring these documents and other things

If you want the witness

to bring to the hearing

any documents or other

Sign and date your

signature of party applying for summons

date

For office use only

DECREE BY ADJUDICATOR

After having considered this application for a summons to witness,

I hereby authorise the issue of this summons and order witness to

appear at the place, time and date as aforesaid and to bring any of

the documents or things as required in this summons

signature of Adjudicator

date

NOTICE TO WITNESS

Once you have received a notice of summons duly authorised by the Adjudicating Panel, you

must then attend for the Adjudicating Panel hearing at the time and place indicated in this

summons and bring with you any documents or other things required from you in the

summons.

SUMMONS TO WITNESS

You do not need to ask the Adjudicating Panel to issue a Summons to Witness, if witness is

prepared to attend voluntarily.

COMPLETE the Summons to Witness following the instructions on the form. Be sure to type

or write clearly and that all copies are legible.

FILE the Summons to Witness by taking it to the Adjudicating Panel Registry. The Staff will

check if the form has been completed correctly. They will then apply the registry stamp and

proceed with the service of the summons. If you want the witness to bring any specific

documents (for example invoices) be sure to list them in your summons.

REMEMBER to file the summons in good time before the date of the hearing when you want

the witness to attend. If a witness who is notified with the summons fails to attend the

Adjudicator may then issue an Order of Escort against him.

REGISTRY FILE NUMBER

Form 6

LOCATION

ORDER OF ESCORT

IN THE ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES

In the case between

CLAIMANT

AND

DEFENDANT

TO

Officer executing order of arrest

Whereas the witness

full name and address of witness

was served with a Summons to Witness at the hearing of this claim and the said witness

failed to obey the summons, and I am satisfied that the evidence of the witness is material to

this claim,

YOU ARE THEREFORE ORDERED TO ESCORT AND BRING THE WITNESS BEFORE

THIS ADJUDICATING PANEL

on

date

time

at

address where the trial is to be held

signature of Adjudicator

date

€2.07

(1)

In these regulations, unless the context otherwise

requires

"the Act" means the Private Residential Leases Act;

"Adjudicating Panel" means a panel constituted under article 22

of the Private Residential Leases Act;

"Chairman" means the Chairman of the Housing Authority;

"the Registrar" means the Registrar of the Adjudicating Panel for

private residential leases;

"register of acts" means a register in which the acts pertaining to

adjudications are registered by the Registrar.

Part II

THE ADJUDICATING PANEL

(1) On appointment, the Chairperson and the members

of the Adjudicating Panel shall take an oath of office in the form

hereunder

"I .................................. swear/solemnly affirm that I shall perform my

duties as arbitrator honestly, impartially, with due diligence, and

without fear or favour according to law.".

(2) A copy of the oath of office taken by the Chairperson and

members of the Adjudicating Panel shall be deposited with the

Attorney General.

The oath of office of the Chairperson and members of the Confirmation of

Adjudicating Panel shall be accompanied by a confirmation by such independence.

Chairperson and member accepting his appointment together with a

declaration by him confirming his independence and impartiality.

Part III

THE ADJUDICATION PROCEEDING

(1)

The claim shall be in writing and shall include the Statement of

claim.

following

(a)

the names and addresses of the parties;

(b) a reference to the registered contract out of which the

dispute arises;

(c)

a statement of the facts supporting the claim;

(d)

the points at issue; and

(e)

the relief or remedy sought.

(2) The claimant may annex to his statement of claim all

documents he deems relevant or may add a reference to the documents

or other evidence he will submit.

The statement of defence shall contain a reply to the Statement of

particulars (c), (d) and (e) of the statement of claim referred to in defence.

regulation 5. The respondent may annex to his statement the

documents on which he relies for his defence or may add a reference to

the documents or other evidence he will submit.

A counter-claim or a claim relied upon for the purpose of a Counter-claim.

set-off shall contain the particulars contained in regulation 5(1).

(1) There shall be an electronic mechanism by means of Submission of

which claims, replies and, or counter-claims before the Adjudicating acts

online system.

Panel may be filed online.

(1) The Registrar or persons delegated by him may Responsibility

receive claims, replies and, or counter-claims before the Adjudicating of

and date when

Panel filed by electronic means.

acts are deemed

filed.

(2) Claims, replies and, or counter-claims before the

Adjudicating Panel filed by electronic means shall, for all intents and

purposes of law, be deemed as if they have been filed directly in the

Registry of the same Adjudicating Panel

Provided that when a claim, reply and, or counter-claim

before the Adjudicating Panel is filed by electronic means outside

registry opening hours as established by the Code of Organization and

Civil Procedure, such act shall be deemed to have been filed on the

first following day of the opening of the said Registry.

(1) The Registrar may affect service of any notification

or communication to the claimant or respondent by mailing the same

by registered post to one of the addresses of the persons to be notified.

(2) Where the registered letter is not accepted or cannot

otherwise be delivered at such address for any reason, the Registrar

may publish a notice in a local daily newspaper stating that the

document to be delivered has been deposited at the Registry and such

document shall be deemed to have been received by the person

indicated in the notice five working days after the date when such

notice has been so published.

(1) Any document, which is to be served on any other

Service by hand.

party by the Registrar or by any party in the adjudication, may be

served by hand on such party by an officer or employee of the Housing

Authority.

(2)

Upon service of an act, the officer or employee of the

Housing Authority shall confirm in writing

(a)

the date and time of service;

(b)

the place of service; and

(c) the details of the person on whom such service was

made and a statement on how such person was identified.

(3)

The Registrar may issue guidelines for the services of such

acts.

Each party shall have the burden of proving facts relied on

Burden of proof.

to support his claim or defence.

The Adjudicating Panel shall have the power to rule on

objections that it has no jurisdiction.

The Adjudicating Panel shall decide what further written

statements, in addition to the statement of claim and the statement of

defence, shall be required from the parties or may be presented by

them and shall fix the periods of time for communicating such

statements.

The periods of time fixed by the Adjudicating Panel for the Periods of time.

communication of written statements (including the statement of claim

and statement of defence) should not exceed five (5) working days.

Subject to the provisions of article 28 of the Act, where the Oral

Adjudicating Panel deems it necessary to hear any oral submissions, submissions.

the evidence of witnesses shall be produced either viva voce or by

affidavit, and subject to the relevant regulations of this Part, the

provisions of the Code of Organization and Civil Procedure and of any Cap. 12.

law from time to time in force in Malta shall apply to the production of

evidence viva voce or by affidavit before the Adjudicating Panel as

they apply to the production of evidence before a court of civil

jurisdiction.

(1) Subject to the provisions of regulation 16, the Evidence.

evidence of witnesses in an Adjudicating Panel shall be produced

either viva voce or by affidavit, and subject to the relevant regulations

of this Part, the rules of the Code of Organization and Civil Procedure Cap. 12.

and of any law from time to time in force in Malta shall apply to the

production of evidence viva voce or by affidavit before the

Adjudicating Panel as they apply to the production of evidence before

a court of civil jurisdiction.

(2) Where the evidence of any person is required, the Registrar

may issue writs of subpoena to compel the attendance of a witness to

give evidence or produce documents before the Adjudicating Panel.

The application for the issue of the writ shall be countersigned by the

Chairperson of the Adjudicating Panel and shall be in the prescribed

form

Provided that any application for the subpoena of a witness

before the Adjudicating Panel shall indicate that the witness is to

appear before the Adjudicating Panel for the purpose of adjudication

proceedings and shall indicate clearly the address of the place the

witness is to attend and the date and time of attendance.

(3) The provisions of sub-regulation (2) shall apply mutatis

mutandis where for the purposes of proceedings before an

Adjudicating Panel, a rogatory commission or letters of request are

required to be issued in respect of, or an affidavit is required by, a

person who is not resident within the jurisdiction of the courts of

Malta.

(1) In the event of an oral hearing of the parties or of Oral hearing.

witnesses, the Adjudicating Panel shall give the parties adequate

advance notice of the date, time and place thereof.

(2)

The Adjudicating Panel shall make arrangements for the

translation and transcription of oral statements made at a hearing and

for a record of the hearing if it is deemed necessary by the

Adjudicating Panel in the circumstances of the case.

(3) Hearings shall be held in camera. The Adjudicating Panel

may require the retirement of any witness or witnesses during the

testimony of other witnesses. The Adjudicating Panel is free to

determine the manner in which witnesses are examined.

(1) Where the Adjudicating Panel deems it necessary to

take expert advice, the parties shall give the expert any relevant

information or produce for his inspection any relevant documents or

goods that he may require of them. Any dispute between a party and

such expert as to the relevance of the required information or

production shall be referred to the Adjudicating Panel for decision.

(2) Upon receipt of the expert’s report, the Adjudicating Panel

shall communicate a copy of the report to the parties who shall be

given the opportunity to express, in writing, their opinion on the

report. A party shall be entitled to examine any document on which the

expert has relied in his report.

(1) The Registrar and any member of the Adjudicating

Panel may administer oaths to persons called as witnesses or experts to

give evidence before an Adjudicating Panel. The form of the oath shall

be as follows: "I swear/solemnly affirm to tell the truth, the whole

truth and nothing but the truth.".

(2) The Adjudicating Panel may order that the documents or

statements filed during the adjudication proceedings shall be

confirmed on oath before the Registrar in the form hereunder

"I swear/solemnly affirm that the facts stated in this (name

of document or statement being verified) are true.".

(3) In the absence of such confirmation, the Adjudicating Panel

may disregard the documents or statements not confirmed.

(1) If one of the parties, duly notified under this Part, has

to appear at a hearing, fails to do so without showing sufficient cause

for such failure, the Adjudicating Panel may proceed with the

adjudication.

(2)

If one of the parties duly invited to produce documentary

evidence, fails to do so within the established period of time, without

showing sufficient cause for such failure, the Adjudicating Panel may

decide on the evidence before it.

(1) Any decision of the Adjudicating Panel shall be made Decisions.

by a majority of the members of the Adjudicating Panel.

(2) In the case of questions of procedure, the Chairperson of

the Adjudicating Panel may decide on his own.

(1) The Adjudicating Panel may make more than one Form of the

decision at different times on different aspects of the matters to be decision,

interim,

determined. The Adjudicating Panel may make an award relating

interlocutory or

partial decision.

(a)

to an issue affecting the whole claim, or;

(b) to a part only of the claims or counter-claims

submitted to it for decision,

and shall also be entitled to make interim and/or

interlocutory awards.

(2)

The decision shall be in writing.

(3) The Adjudicating Panel shall state the reasons upon which

the decision is based

Provided that in the case of interlocutory decision relating

to the procedures of the adjudication, no reasons are to be given.

(4) A decision shall be signed by the members of the

Adjudicating Panel and it shall contain the date on which and the place

where the decision was deemed to have been made. Where one of the

members of the Adjudicating Panel fails to sign, the decision shall

state the reason for the absence of the signature.

(5)

The decision shall be made public.

(6) Copies of the award signed by the members of the

Adjudicating Panel shall be communicated to the parties by the

Registry.

The Adjudicating Panel shall fix the costs of adjudication Costs.

in its decision. The term "costs" includes only

(a) the costs of expert advice and of other assistance

required by the Adjudicating Panel;

(b) the costs for legal representation and assistance of the

successful party if such costs were claimed during the

adjudication proceedings, and only to the extent that the

Adjudicating Panel determines that the amount of such costs is

reasonable; and

(c)

any fees and expenses payable to the Adjudicating

Panel.

(1) Except as provided in sub-regulation (2), the costs of

adjudication shall in principle be borne by the unsuccessful party.

However, the Adjudicating Panel may apportion such costs between

the parties if it determines that apportionment is reasonable, taking

into account the particular circumstances of the case.

(2) With respect of the costs of legal representation and

assistance referred to in paragraph (c) of regulation 24, the

Adjudicating Panel, taking into account the particular circumstances of

the case, shall be free to determine which party shall bear such costs or

may apportion such costs between the parties if it determines that

apportionment is reasonable.

(1) The Adjudicating Panel, on its establishment, may

Deposit of costs.

request each party to deposit with the Housing Authority an equal sum

between them as an advance payment for the costs referred to in

paragraph (b) regulation 24.

(2) During the course of the adjudication proceedings, the

Adjudicating Panel may request from the parties supplementary

deposits to cover further costs.

(3) If the required deposits are not paid in full within five (5)

days from the receipt of the request, the Adjudicating Panel may order

the defaulting party to pay double the amount.

(4) After the decision has been made, the Adjudicating Panel

shall render an account to the parties of the deposits received and

return to the parties any unexpended balance.

Unless the parties expressly agree otherwise, within thirty

(30) days of the decision of an adjudication, the Registrar shall deliver

the file with all original documents presented to the Adjudicating

Panel for archiving by the Housing Authority.

The Housing Authority shall keep all such documents filed

in any proceedings for five (5) years from the date of the award, after

which they may be destroyed at the discretion of the Housing

Authority.