1995 amendments to rent laws

A reader has been occupying a house on temporary emphyteusis for the last 20 years. The owner has informed him that when the emphyteutical concession expires shortly, he would like to resume possession of the house.

The reader was under the impression that the owner would not be able to evict him and resume possession of the premises when the emphyteutical concession expires. However, the owner has informed him that in virtue of the 1995 amendments to the rent laws, the legal position has now changed and thus he would have the right to resume possession. Who is right?

First and foremost, we are here dealing with an emphyteutical concession and not with 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 on or after that date. Therefore, the provisions of the new law would not apply to this case.

Furthermore, the law also provides 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 reader may be reassured that the 1995 amendments to the rent laws do not apply to this case.

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