Vittoriosa local council has been ordered to pay the locality's band club €1,288.50 in damages caused when water seeped into a garage rented to the band.

The council was also ordered to repair the leaking roof within three months.

The orders were issued by the Rent Regulation Board in the case instituted by San Lawrenz Band Club against the council.

The club said that in 2008 it leased part of a garage at Tal-Ħawli for an annual rent of €466. The club said its bandstand and other items were damaged owing to heavy seepage from the roof. The damage got worse as the seepage increased with time, but despite appeals for repairs by the council, nothing was done.

In its reply, the council denied responsibility and also pointed out that the band club only rented part of the garage. The contract said nothing about the airspace. Responsibility for maintenance of the roof rested on third parties who did not appear on the contract. Furthermore, the seepage was not necessarily a consequence of lack of maintenance but another particular problem elsewhere. The council also argued that once the band club knew about the seepage, it should have taken better care of its bandstand and the other equipment. 

In its considerations, Magistrate Monica Vella observed that a contract of the clause specified that the owner (the council) was responsible for internal and external maintenance. 

The board upheld the band club's requests and ordered the council to make the necessary repairs within three months. The council was also ordered to pay the band club damages of €1,288.

 

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