A man who lost his right to live in an apartment, after a court ruled that rent laws had violated the owners’ fundamental human rights to enjoyment of the property, has asked for the case to be decided again.

Philip Grima, who lives in the apartment in St Julian’s, had lost two civil cases in which the group of owners sought to have him evicted after a long lease had expired.

The owners argued that section 12 of the Housing Decontrol Ordinance was in violation of their fundamental human rights to enjoyment of the property.

Ruling breached rights

The rent law in question meant that once the long lease had expired, section 12 of the rent laws came into force: the rent money was doubled and could only be increased every 15 years, meaning that the tenants could effectively remain there indefinitely because the rent was turned into a protected lease. The law had remained unchanged since 1979.

The court had heard how the block of flats was built on land given for long lease by Marquis John Scicluna in 1957. It was then leased to the British Forces for 45 years and the lease ended in 2002.

In 2006, the owners of the land filed a court case for Mr Grima to be removed from the house.

In an application filed yesterday, Mr Grima said that the judgment given breached his right to a home and there had to be a fair balance created between the owner and tenants.

He argued he had not been given a fair trial because one the three judges who decided the second case had already handed down judgment in a similar case which meant that he did not have an impartial and independent hearing. Mr Grima asked for the case to be decided again and submissions reheard.