Constitutional LawProperty Law Violation of the Right to Property – Post Introduction of Controlled Rent Residential Leases Act The operations of the Reletting of Urban Property Ordinance, Chapter 69 of the Laws of Malta and Act X of 2009 violated the fundamental rights…Ian BarbaraNovember 8, 2022
Civil LawProperty Law Representation in a contract must be indicated If a party is representing another party in an agreement or a contract must be indicated to the Parties.Malcolm MifsudMay 8, 2022
Property Law Parties may not follow through on promise-of-sale if earnest (kapparra) is paid If the purchaser pays earnest (kapparra) the parties may not contract the sale, however, the payment will have to be refunded or else the vendor…Malcolm MifsudApril 24, 2022
Civil LawConstitutional LawProperty Law When public interest comes into play The authorities may take measures in private property in order to safeguard public health and within the pubic interest. This was held in a judgement…Malcolm MifsudApril 3, 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…Malcolm MifsudFebruary 7, 2022
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…Mifsud & Mifsud AdvocatesFebruary 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…Malcolm MifsudJanuary 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…Malcolm MifsudJanuary 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…Malcolm MifsudOctober 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…Malcolm MifsudSeptember 26, 2021