An analysis of the proposed reform to the law of lease in the light of the current legislative framework

Abstract

This thesis studies the new law of lease as proposed in Bill 17 of 2008. The legislative framework as was prior to Bill 17 is the backbone of this academic study. The workings of the Reletting of Urban Property (Regulation) Ordinance, the Rent Restriction (Dwelling Houses) Ordinance, the Housing (Decontol) Ordinance as well as the Civil Code are better understood through judgments delivered by the Maltese Courts, as these highlight the inadequacy and injustice that has ensued. Although the Court's role is not to modify or abolish any written legislation, it has continuously sought to ease the imbalances created by the special laws. To further study the amendments proposed in Bill 17, its provisions are compared with the recommendations in the White Paper. The White Paper is regarded as an intermediate document between the legislative framework today and what is being proposed in Bill 17. This sparked off enormous debate and criticism, which is used as a further source to study the proposals in Bill 17. The first part of the thesis deals with aspects of a lease common to all leases such as constitution, duration, obligations of the parties, as well as dissolution. The second part of the thesis is more specific as it deals with residential and non-residential leases respectively, stressing specific aspects of these leases. Continuous reference is made to judgments as these are used to monitor the route adopted by the Bill. The third part of the thesis is dedicated to the Rent Regulation Board which is the administrative tribunal competent to decide all issues relating to urban leases constituted before lst June 1995. Finally, the conclusion is a summing up of the author's submissions throughout the thesis.