Study-Unit Description

Study-Unit Description


CODE CVL4028

 
TITLE Select Issues in the Law of Letting and Hiring

 
UM LEVEL 04 - Years 4, 5 in Modular UG or PG Cert Course

 
MQF LEVEL 6

 
ECTS CREDITS 4

 
DEPARTMENT Civil Law

 
DESCRIPTION This study-unit is set to allow students the opportunity to familiarize themselves with, and eventually delve deeply into, the special laws of lease as recently amended by Act X of 2009.

With the backdrop of a general introduction to the law of lease, this study-unit will introduce students to the historical developments leading to the enactment, and subsequent amendments of these laws which were principally introduced to afford additional protection to lessees. Students will be able to appreciate the interplay of these laws, and eventually identify their respective scope and applicability, thus distinguishing between the original controlling legislation (Reletting of Urban Property (Regulation) Ordinance; Agricultural Leases (Reletting) Ordinance and Housing Act), and the subsequent decontrolling provisions in the Housing (Decontrol) Act which were, themselves, subjected to various controls once again set to protect lessees and occupiers of dwelling-houses following the enactment of Act XXIII of 1979. A detailed analysis of the decontrol ends and means which the legislator sought to achieve through Acts XXXI of 1995 and X of 2009 will also be provided, thus enabling students to appreciate the complete revolution in legal objectives and thinking on the contract of lease during the past century.

Attendance to lectures is mandatory. Students are expected to read well through the laws before attending lectures. Thorough reading and research into sources listed in reading lists will be presumed. At the end of the study-unit, students will be requested to present in seminar/tutorial sessions two written papers containing advice on set case-questions. The global mark will reflect both the student’s ability to interpret and apply the law to the particular facts, on the basis of proper appreciation of sources, as well as to present such advice in class in a sufficiently clear and concise manner.

Learning Outcomes:

By the end of this study-unit students should:
- be in a position to fully understand and practise the law of letting and hiring particularly the special laws,
- have the competence required to understand and implement the recent amendments to the law.
- have the advanced knowledge of the judicial interpretation of the law, both past and present, and its evolution across time.
- with this knowledge appreciate better the vicissitudes of this area of Maltese law, especially in the light of its historial development, thus enabling them to understand better the relationship between the institute of lease and other leading institutes of the law of property (including emphyteusis) and;
- eventually give advise on real disputes arising in this area of law.

Reading List:

- Book Second Part II Title IX of Civil Code, Chapter 16 of Laws of Malta.
- Reletting of Urban Property (Regulation) Ordinance, Chapter 69 of Laws of Malta.
- Rent Restriction (Dwelling Houses) Ordinance, Chapter 116 of Laws of Malta.
- Housing Act, Chapter 125 of Laws of Malta.
- Housing (Decontrol) Ordinance, Chapter 158 of Laws of Malta.
- Agricultural Leases (Reletting) Ordinance, Chapter 199 of Laws of Malta.
- Act XXXI of 1995, An Act to Amend the Civil Code.
- Act X of 2009, Civil Code (Amendment) Act.
- Bill XVII of 2008, Civil Code (Amendment) Act.
- The Need for Reform: Sustainability, Justice & Protection (White Paper, www.rentreform.gov.mt).

 
ADDITIONAL NOTES Students taking this study-unit need to have a background in law.

 
STUDY-UNIT TYPE Lecture and Seminar

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Examination (2 Hours) SEM2 Yes 100%

 
LECTURER/S Phyllis Aquilina (Co-ord.)
Vincent Galea
Kurt Xerri

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit