The shift of responsibilities from the lessor onto the lessee : the results

Abstract

Malta used to be a particularly homogeneous country, however during the recent years people with a diverse set of nationalities have decided to settle on these Islands. This incursion of residents has provided the letting market with several changes. This paper reviews the 2009 amendments to the Civil code with regards to letting while also linking it to prior legislation. Through this relative study the author attempted to extract the change within the balance of responsibility to conduct repairs within the Maltese Legislation. The main goal of this paper is to show that through the aforementioned amendments the position of the lessor has been given a less responsibility while on the other hand the position of the lessee has been considerably burdened, specifically when it comes repairs. The research conducted is done through the use of the doctrinal methodology as several legislation, books and case law are used as the primary sources. In the introductory chapter, the author highlights the socio-economic and technological change which Malta has undergone, clearly underscoring a significant shift in the market of letting which followed. These changes through the passage of time triggered a change in the legislation covering repairs. This text reviews the changes making reference to several authors which influenced the drafting of the Maltese Civil code and codes from other legal systems like Pothier, Laurent and the Maltese Author Sir Adrian Dingli. The following chapter focuses on the interpretation of the law by local judicial bodies, more specifically the Rent Regulation Board. The paper seeks to answer the question: What was the effect felt by the courts after the above-mentioned shift within the legislation? It is hoped that the study particularly illustrates the differences in the courts decisions prior to the amendments and after the said amendments took place. Ultimately, the author sets to discover alternatives through a comparative study of different legal systems which are entrenched with the Maltese one. The author compares these dissimilar legislative systems with Maltese law and uses the results to help indicate a way forward.