Property Law Court orders eviction of tenant despite co-ownership of property In a recent decision by the Rent Regulation Board, a tenant occupying a house in which he is a co-owner was ordered to vacate the…Marthese HiliSeptember 26, 2024
Intellectual Property LawProperty Law Increase in rent should reflect the open market value of the property The Court should take into account the value of the property when calculating the increase in rent. This was held in a judgement delivered by…Marthese HiliJune 3, 2024
Constitutional LawProperty Law A tenant relying on the articles of the law to prove title may be evicted following a constitutional judgement Following a constitutional judgement declaring that the owner’s property rights have been infringed, a tenant may be evicted if he solely rests upon the articles…MMA EditorMay 23, 2023
Civil LawProperty Law A new lease agreement is deemed to be renunciation of the old lease agreement When a landlord does not accept the termination of a lease agreement, but rents the same property to a third party, this would in fact…MMA EditorNovember 20, 2022
Property Law Landlord cannot claim full di fermo period if property is rented to third party A landlord may not claim the rent for the full di fermo period if the same landlord had rented the property to a third party…MMA EditorFebruary 7, 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
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
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
Civil LawProperty Law Court costs may be apportioned amongst the parties The Court may apportion the court costs of a case to both parties and not necessarily to the party that lost the case.Marthese HiliOctober 4, 2020
Property Law Structural alternatives in rented properties do not necessarily result in termination of the lease Those structural alternations in rented property which are required does not necessarily mean that the lease will be terminated.Marthese HiliApril 24, 2020