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Court Grants Land Back to Emphyteuta After Successful Actio Publiciana

Court Grants Land Back to Emphyteuta After Successful Actio Publiciana

by admin | Oct 14, 2022 | Landlords, Lease, Property, Rent

The First Hall of the Civil Court has recently delivered a judgment where it examined the actio publiciana and the standard of proof applicants must meet to win their lawsuit. The actio publiciana is not found in the law but is recognised by case-law as a derivative...
Damages Awarded to Owners of Leased Club in Constitutional Suit

Damages Awarded to Owners of Leased Club in Constitutional Suit

by admin | Oct 12, 2022 | Landlords, Lease, Property, Rent

Landlords receive close to €1M in compensation for violation of their right to property In a recent judgement concerning a property leased as a club to the Labour Party under old protective rent laws, a Maltese Court declared the lease to have infringed the landlords’...
Constitutional Court Slams Abusive Rent Law Amendment

Constitutional Court Slams Abusive Rent Law Amendment

by admin | Dec 14, 2021 | Landlords, Lease, Property, Rent, Rights

Band club lease laws again found in breach of landlords’ fundamental rights to fair hearing and enjoyment of property In a recent decision delivered by the Constitutional Court concerning the lease of De Paule Band Club in Paola, Parliament was taken to task for...
Law on agricultural leases is declared to breach owners’ fundamental human rights: Now what?

Law on agricultural leases is declared to breach owners’ fundamental human rights: Now what?

by admin | Jan 26, 2021 | Human Rights, Landlords, Lease, Property

The Right to Enjoyment of Property In the last few years, the Maltese Courts of Law have been inundated with actions for damages by property owners who claim that their fundamental human right to enjoyment of property is being breached by old Maltese rent laws. Their...
Rent Laws – Maltese Courts Continue to Uphold Landlords’ Rights

Rent Laws – Maltese Courts Continue to Uphold Landlords’ Rights

by admin | Jan 25, 2021 | Human Rights, Landlords, Lease, Property, Rent

Companies entitled to right to property A recent judgment delivered by the First Hall of the Civil Court has confirmed that the right to property is vested not only in a natural person but also in legal persons.. In B&S Agencies Limited v Melita Mamo et, the...
‘Forced landlord-tenant relationship’ created by current rent regime declared unconstitutional once again

‘Forced landlord-tenant relationship’ created by current rent regime declared unconstitutional once again

by admin | Feb 24, 2020 | Human Rights, Landlords, Lease, Property, Rent

The Maltese Constitutional Court in its decision of the 19th of February 2020 has consolidated the reasoning recently embraced by the Maltese Superior Courts in the context of affording an effective remedy to tenants, who have long time been discriminated against in...
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