Constitutional LawProperty Law Strasbourg Court: A Breach of Fundamental Rights Commences when the Disproportion in Rental Income Arose There have been countless court cases both in the constitutional courts of Malta as well as in the European Court of Human Rights in Strasbourg…Marthese HiliFebruary 4, 2022
Property Law Owners have a right to visit rented property The law provides the right for owners to visit the rent property after reaching an agreement with the tenants. This was held in judgement delivered…MMA EditorJanuary 30, 2022
Civil LawProperty Law Civil Courts bound to decide on the validity of lease agreements Recent amendments to the Civil Code confirm that the Civil Courts have jurisdiction to decide on whether a lease agreement is valid or not. This…MMA EditorJanuary 16, 2022
Property Law Accepting the rent irrespective of breach of contract has its consequences The fact that the lessor accepted the rent for several years, even though there was a breach of the lease conditions on the part of…MMA EditorOctober 3, 2021
Property Law Non observance of procedures does not necessarily annul an expropriation Not every non observance of the procedure outlined by law, would result in the revocation of an expropriation. This was held in Ivory Venue Limited…MMA EditorSeptember 26, 2021
Property Law Court does not give weight to government rent subsidy in deciding rent increases The Court will not take into consideration whether a tenant is entitled to a subsidy when establishing a fair rent. This was held by the…Marthese HiliJune 27, 2021
Civil LawProperty Law If one wants to file an action for a retrial, the appropriate procedure must be used Not any action may be used for the purposes of a retrial, in terms of Article 811 of the Code of Organisation and Civil Procedure.…MMA EditorJune 13, 2021
Civil LawProperty Law There must be a clear understanding in a Prestanome arrangement A Prestanome is an indirect mandate, but the parties have to be aware of its existence to be valid. This was held by the Magistrates’…Marthese HiliMay 2, 2021
Property Law Commercial leased properties must be made use of Commercial premises will be terminated if it is not being made use of.MMA EditorJanuary 31, 2021
Property Law Rethinking the Commercial Real Estate Industry beyond the COVID-19 outbreak The commercial real estate industry is exclusively used for business-related purposes or to provide a workspace to business owners. Although some businesses would seek to…Marthese HiliNovember 9, 2020