The prospects for revision Maltese Law of letting and hiring : tenants’ perceptions and the prospects for revision

Abstract

In laying emphasis on the need to revive the Maltese private rental market, the legislator veered decisively towards a policy of liberalisation which, given the nature of the Maltese rental market, appears to operate strongly in favour the landlord. Market deregulation, in fact, presupposes equality of arms between both parties, however, this does not seem to be the case in Malta where important segments of tenants are either found at the margins of society or else faced with barriers to integration due to their foreign nationality. Interestingly, Parliament had already discussed a system thought to empower tenants in the lead up to the latest reform that took place in 2010; the plans to set up a register for leases in order to increase certainty and curb abuses never gained the necessary momentum and, although included amongst the final amendments no administration has since taken concrete action in this respect. The market therefore keeps being characterised by certain elements of misinformation, underhandedness and discrimination particularly, but not exclusively, in regard to the most vulnerable individuals. This study looks into the experiences of tenants in an attempt to identify the main shortcomings of the current system and indicate the basis for any future action within this specific field of law.