TRANSFER OF GOVERNMENT PROPERTY GRANTED FOR COMMERCIAL USE FROM A TENANT TO A FAMILY MEMBER DUE TO

TRANSFER OF GOVERNMENT PROPERTY GRANTED

FOR COMMERCIAL USE FROM A TENANT

TO A FAMILY MEMBER DUE TO RETIREMENT

SUBSIDIARY LEGISLATION 573.04

TRANSFER OF GOVERNMENT PROPERTY

GRANTED FOR COMMERCIAL USE FROM A

TENANT TO A FAMILY MEMBER DUE TO

RETIREMENT REGULATIONS

6th July, 2018

LEGAL NOTICE 214 of 2018.

The title of these regulations is the Transfer of

Government Property Granted for Commercial Use from a Tenant to a

Family Member due to Retirement Regulations.

In these regulations unless the context otherwise

requires

"Authority" means the Lands Authority established under article

5 of the Lands Authority Act or any person or other entity which by

law or contract is entrusted with the administration of Government

land;

"Board of Governors" means the Board of Governors of the

Lands Authority set up under article 10 of the Lands Authority Act.

Applicants submitting an application under these

regulations must confirm by sworn declaration that the content of the

application is true and that no information or other relevant facts have

been omitted, which had they been known to the Authority would have

caused the denial or refusal of said application. Applicants may not

justify such omission by arguing that the omitted information or facts

were known to the Authority.

(1)

Every transfer made under these regulations is

subject to the approval of the Board of Governors and in accordance

with the conditions imposed by the said Board, which conditions must

be published.

(2)

Before approval by the Board of Governors for the

transfer of commercial property as mentioned above

(a)

it should be verified that no law or contractual

contract has been breached, including the non-existence of any

arrears with regard to such lease; and

(b)

a sole additional payment to the Authority of an

amount equal to one year’s rent has been made; and

(c)

a declaration is made that on the signing of the

new contract of lease for the remaining period of the original

lease, the applicant does not retain any interest in the property

or in the commercial activity following its transfer to a family

TRANSFER OF GOVERNMENT PROPERTY GRANTED

FOR COMMERCIAL USE FROM A TENANT

TO A FAMILY MEMBER DUE TO RETIREMENT

member and that he does not have or no longer has any claim

against the Authority regarding the same lease for the entire

period since the original lease; and

(d)

a declaration by the person to whom the lease is to

be transferred, in the case of a commercial lease granted prior to

1st June 1995 where no specific duration period is stipulated, or

where the lease period was to be renewed automatically or at the

lessee’s sole discretion, whereby he accepts that the lease shall

lapse within a period of twenty years from the 1st of June, 2008.

(1)

Any person holding a commercial property by title

of lease from the Government or the Authority may during the duration

of the original lease and saving other provisions of these regulations,

apply to the Authority to transfer or assign his rights to his son/daughter

in the event that he would like to retire from the commercial activity he

is exercising.

(2)

The conditions of the lease shall remain the same until the

expiry of the original lease and the only element to be altered in the

said lease is the name of the lessee.

(3)

In the event that a transfer request is made for more than

one son/daughter, only one application shall be made and those

recognized children shall be jointly and severally liable for all

obligations imposed in the original lease on the original lessee.

The Authority has the right to refuse any application

made pursuant to these regulations at its entire sole discretion. Such

refusal or denial shall be made in writing together with detailed reasons

for its decision.

(1)

The Authority is empowered to file an action

before the Civil Court, First Hall against any person involved,

including the occupant, where it deems that there is a breach of any of

the provisions of these regulations, even after the act of transfer in

question, and to request the Court to declare null and void any transfer

under these regulations or any other transfer which is not undertaken in

accordance with these regulations.

(2)

In the case mentioned in sub-regulation (1), the Court

shall order the eviction of every person from the land or tenement and

order that such property, including any improvements made therein, be

returned to the Authority without any right of compensation for

damages which might be sustained by such person or the occupant, or

any kind of compensation for any improvements which have or could

have been undertaken in that property.

The Authority shall ensure that all expenses incurred in

relation to the above-mentioned transfers are paid by the family

TRANSFER OF GOVERNMENT PROPERTY GRANTED

FOR COMMERCIAL USE FROM A TENANT

TO A FAMILY MEMBER DUE TO RETIREMENT

member to whom the lease is to be passed on for the remaining period

of the lease and that before these costs are collected in their entirety no

transfer or assignment of rights on the property on which an

application has been made can occur.

Every request concerning the transfer of Government

property due to retirement which has been granted for commercial use

by the lessee to a son/daughter, and undertaken before the entry into

force of these regulations must be examined and decided pursuant to

these regulations. Every scheme existing prior to this day is hereby

terminated as a result of the entry into force of these regulations.