Expiry of emphyteusis
A reader has been occupying a house, which he had acquired on temporary emphyteusis, for the last 20 years. The emphyteutical concession is due to expire and he fears that due to the amendments in the rent laws, he and his family will be evicted once...
A reader has been occupying a house, which he had acquired on temporary emphyteusis, for the last 20 years. The emphyteutical concession is due to expire and he fears that due to the amendments in the rent laws, he and his family will be evicted once the temporary emphyteusis runs out.
What is the reader's position at law?
We are here dealing with an emphyteutical concession and not a lease of property. It seems that the owner of the premises is confusing the laws which regulate the rent of urban immovable property with the laws regulating emphyteutical concessions of dwelling houses to Maltese citizens who are occupying them as their ordinary residence.
According to the Housing Decontrol Ordinance, the reader would, in this case, be entitled to occupy the house under a lease from the owner under the terms and conditions stipulated in the Ordinance.
On the other hand, it is true that by Act XXXI of 1995, the right granted to a tenant to renew a lease on its expiry is now inapplicable to the lease of premises entered into after June 1, 1995. However, according to law, 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 after that date.
Besides, the law further that, 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.
Therefore, in the light of the above, upon the expiry of the emphyteutical concession the reader 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 provisions of the Housing Decontrol Ordinance.
The amendments to the rent laws enacted by Act XXXI do not apply to this case.
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