Expiration of temporary emphyteusis

The temporary emphyteusis on a tenement is about to expire. The temporary lease-holder fears that when the emphyteusis is up, he will be evicted. What is his position at law?

In accordance with section 12 of the Housing Decontrol Ordinance, where a dwelling house has been granted on temporary emphyteusis:

(a) for a period not exceeding 30 years, if the contract was made before June 21, 1979;

(b) for any period, if the contract is made on or after the date aforesaid; and on the expiration of any such emphyteusis the emphyteuta is a citizen of Malta and occupies the house as his ordinary residence;

the emphyteuta shall be entitled to continue in occupation of the house under a lease from the owner.

The rent payable by the emphyteuta, now turned tenant, to the landlord would be equal to the ground-rent payable immediately before the expiration of the emphyteusis. However, at the beginning of the leasehold, and later on after the lapse of every subsequent 15 years during the continuance of the lease, the landlord is entitled to increase the rent payable to him by an amount which represents, in proportion to the original ground-rent, the increase in inflation since the ground-rent to be increased was last established. However, it appears that, in no case is the landlord entitled to increase the ground-rent by an amount which exceeds the original ground-rent.

The 1995 amendments which were made to the rent laws will not prejudice the tenant's position since the law provides that, the continued occupation of a dwelling house under a lease from the direct owner on the expiration of a temporary emphyteusis happening on or after June 1, 1995, shall not be deemed to be a new lease on or after that date.

Besides, the agreed, legal, customary or any other renewal of a lease after June 1, 1995 shall not be deemed to be a lease entered into on or after that date.

In the light of the above, upon the expiry of the emphyteutical concession the tenant shall not only have the right to continue occupying the house under a title of lease, but shall also be entitled to remain in occupation as a lessee, in terms of the Housing Decontrol Ordinance.

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