What if the defendant does not answer to my claim or does not turn up in court? This is a common question that a potential plaintiff would query about before instituting a lawsuit. Perhaps the obvious thinking of such a party, who is not familiar with judicial proceedings, is that his case would be stalled because either the defendant decides not to answer his claims or because the defendant does not turn up in court.
The lawsuit does not get stalled if the judicial acts (the lawsuit papers) are legally served upon the defendant. As a matter of fact, the procedural code prescribes the manner in which a judicial service is to be effected – this is held in article 187 of the Code of Organisation and Civil Procedure.
The Union Cabinet on Wednesday approved the Model Tenancy Act under which separate rent authorities, courts and tribunals will be set up in districts to protect the interest of both the owner and tenant. For residential premises, tenants will have to submit security deposit of maximum two months rent, while incase of commercial property, six months rent will have to be deposited. States and union territories can adopt the Model Tenancy Act by enacting fresh legislation or they can amend their existing rental laws suitably. The Act mandates for written agreement for all new tenancies, which will have to be submitted to concerned district Rent Authority .
Around 9,700 Properties In Malta And Gozo Are Subject To Pre-1995 Rent Laws
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There are around 9,700 properties in Malta and Gozo that are subject to pre-1995 rent laws, Minister Roderick Galdes has revealed.
Galdes announced the figure following a parliamentary question from MP Ivan Bartolo, with the issue currently under scrutiny from both the government and the opposition.
Prime Minister Robert Abela recently announced major reforms to the pre-1995 rent agreements.
Prior to this, landlords remained contractually bound by rental contracts entered into before 1995 when the government liberalised the rental market. That meant they often had to charge rent that’s much below the market value, sometimes as low as €200 a year.
When the Labour government was elected in 2013, people wanted a fresh start and a forward-looking leadership. It was not just about the economy. Looking back, i
The owner of a Valletta property he could not repossess because of the old rent laws has been awarded over €300,000 in compensation by a court.
The Court of Constitutional Appeal found that the €60,500 compensation ordered by the First Hall of the Civil Court was too low when considering the rental income which the owner was missing out on.
Presided over by Chief Justice Mark Chetcuti and judges Giannino Caruana Demajo and Anthony Ellul, the court found that while it was true that compensation was not based on market value, the court had to strike a balance when awarding payment.
The court was ruling in an appeal filed by property owner Henry Deguara Caruana Gatto against the state advocate and tenant Georgina Grima.