Landlord 'took law into own hands' in bid to evict tenants

An appeals court has upheld a judgment in which a landlord who cut off his tenants' electricity to push them out of his apartment was ordered to pay a €100 fine because he took the law into his own hands.

Instead of using the means available at law to move a couple out of his Gozo property, Michael Saliba decided to deprive them of electricity, Chief Justice Vincent De Gaetano ruled yesterday.

Mr Saliba, a Gozitan who lives in Australia, had leased his apartment to Edward Xerri and Priscilla Xerri Pndac. They paid the rent until May but had an outstanding balance of €800 in electricity bills.

Mr Saliba had warned Mr Xerri that if he did not pay the outstanding amount, the lease would not be renewed after May 31. Since the bills remained unpaid, on June 1, Mr Saliba disconnected the electricity supply to the apartment. The meter was in a garage to which Mr Xerri did not have access.

The supply was reconnected on June 5 but Mr Saliba immediately told his lawyer to instruct Enemalta to dicconnect it, which it did a few days later on June 9.

However, Mr Xerri refused to leave the apartment and Mr Saliba filed a civil court case which will be heard in September.

In July, the Gozo court ordered Mr Saliba to reconnect the power supply in 15 days and fined him €100.

He appealed, asking for an urgent hearing, because he was in Malta for a holiday and was leaving in September.

In his appeal, Mr Saliba argued that he just wanted to defend his interests and that the magistrates' court could not order him to reconnect the electricity supply.

But the Chief Justice ruled that the electricity supply was essential to the place, which was an apartment and not a barn. Mr Saliba had tried to evict Mr Xerri by taking the law into his own hands.

In fact, he noted that Mr Xerri had reached an agreement with Enemalta to pay the outstanding amount and had already paid €200 of it.

He pointed out that he was not saying Mr Xerri had the right to stay at the apartment, or that the outstanding bills should not be paid. But Mr Saliba could not force Mr Xerri out without resorting to the legal tools available.

Mr Saliba could not disconnect the electricity supply or simply instruct Enemalta to do so.

However, the Chief Justice added, the situation would have been different had Enemalta taken the same decision without any interference from Mr Saliba.