rent reform website
 HOME | WHITE PAPER | DOCUMENT ARCHIVE | FAQ | LINKS | FEEDBACK


 

FAQs - I am a Landlord: How Will the Rent Reforms Impact Me?

The definition of tenant under the pre-1995 legislation is such that it is next to impossible for the title of the tenancy to ever revert back to me? Will this continue to be the case?

It is correct that the definitions of tenant in the various pre-1995 legislations are very broad. For example, the definition of tenant in the Urban Property (Regulation) Ordinance is “widow or widower … [and] in the case of a dwelling – house, where the tenant leaves no widow or widower, such members of the tenant’s family who would be living with the said tenant”. Act XXIII of 1979 defines tenant to include “children, unmarried brother or sister of the tenant who would be living with the tenant at the time of his or her death, and the ascendant of tenant who would be living with the said tenant”.

There is no doubt that it is difficult to secure reform of the rent laws unless the is sensitive issue is addressed.

The authors of the proposed rent reform strongly believe that a solution on this matter must be such that on the one hand does not create social and economic distortion to the tenant, whilst at the same weaving a balanced solution that will, progressively, deliver social justice to the landlord.

In this regard, the reform recommendations are proposing that the definition of tenant is defined in a conditional manner to establish criteria of who qualifies as a tenant. The conditions proposed are two: the relationship of the individual to the tenant; and the length of the relationship between the individual and the tenant.

Moreover it is recommending that the tenant and the spouse of the tenant are ubiquitous: that is in the event that the tenant passes away, the spouse will enjoy the same rights of the tenant as a matter of course and not a causa mortis inheritance right.

In terms of the relationship of the individual to the tenant, the definition embraces the following:

(a) Natural and / or adopted child and / or fostered child
(b) A child of the tenant who is younger than five years
(c) An ascendant who is sixty years and older.

In terms of the length of the relationship of the individual to the tenant, the definition sets the following conditions:

(i) For (a) and (c) above the individual must have lived with the tenant for a period of equal to or greater than five years as at 1st June 2008
(ii) For (b) above that the child will less than five years of age as at 1st June 2008.

Currently causa mortis inheritance is enjoyed unconditionally from one generation to the next. Will this continue to be the case?

No. The rent reforms are proposing that when the sitting tenant or his spouse passes away, the right to causa mortis inheritance will only apply in relation to the beneficiary as defined earlier. This means that when the beneficiary passes away, the title of the tenancy will revert back to you. Thus the right of causa mortis inheritance is a one time right only that is applicable to the defined beneficiary.

Does this mean that once this right of causa mortis inheritance is exhausted the title of the tenancy reverts back to me – irrespective whether there were occupants living the tenant?

Yes. The title of the tenancy will revert back to you. Nevertheless any occupants who would have been living with the tenant are being afforded the right to continue to live in the premises for a period of not more than five years. This right, however, will be governed by the post-1995 rent reforms. This also means that the value of the rent will be subject to market value.

Does this mean that the market value I will charge will be fully liberalised – that is I can place the level of the value of the rent as I deem appropriate.

The reform recommendations propose that whilst the rental market should be liberalised the principle of a ‘fair market value’ should be retained. In this regard it is proposed that Index should be introduced which will act as the determinant of a ‘fair market value’ for the level of rent (as well as residential premises) in a particular area and a locality within the said area. It is pertinent to add that this applies also to leases of commercial premises.

The tenant to whom my property is rented has for the past five years been living in a residential home. The place is vacant, yet, I cannot ‘re-own’ my own property. Will this continue to be the case?

The rent reform recommendations are proposing that when the tenant would have vacated the property for six months and more due to residential care or institutional hospital care for which he or she has been medically discharged the title of the tenancy will revert back to you if there is no eligible beneficiary under the new definition of tenant.

In the event that there is an eligible beneficiary you can following the six months inter vivos transfer the lease to the eligible beneficiary in lieu of the beneficiary exercising his or her right on causa mortis inheritance.

Whilst this is an improvement on the current state of play it still means that considerable time will pass before the property returns back to me. Am I expected during this period to continue to receive the current rent value, which has practically become meaningless over time, whilst I continue to carry responsibility for expensive maintenance and repairs which I carry at current prices?

As stated earlier, the reform recommendations, seek to achieve a balance between maintaining social and economic cohesion vis a vis the sitting tenant and achieving social justice vis a vis the landlord.

Thus the recommendations relating to the definition of the tenant and the right of causa mortis inheritance are directed to box over time the perpetuity of the current state of play. Iit seeks to balance this by increasing the rights of the landlord in terms of the level of the value of the rent and his or her responsibilities in relation to repairs and maintenance.

In terms of the level of the value of the rent it is proposed that as from 1st January 2009 the rent for all pre-1995 tenancies will be established at €185 per annum. Furthermore, this will increase by the rate of inflation calculated over a period of three years until it reaches market value. The first inflation related increase will take place on 1st January 2012.

In terms of responsibilities relating to repairs and maintenance it is being proposed that your responsibility will be limited to building structure and roof repairs and maintenance. In the event that such repairs are carried out you would be able to increase the level of the value of the rent by 10% of the total cost once the repairs are completed. You should note that the tenant is being provided with the opportunity to carry out the repairs him or herself. Should the tenant choose this option you will be under no obligation to compensate the tenant for such repairs once the title of the lease reverts back to you.

Thirty years ago I freely entered into a commercial lease agreement with a tenant. As I could not set a termination date I had inserted a clause in the contract which stated that at the end of the 10th year I will increase the level of the value of the rent by 60%. My intention of doing this was to induce termination of the contract. However, due to inflation this clause has now become meaningless and the value of rent I receive is nothing to what the market offers today. Will I now be able to terminate such a contract?

You entered into the agreement freely; and it is not the intention to seek forced intervention in relation to such contracts. Nevertheless, the authors of the reform recognise the original intention behind the type of clause you mention: a legal solution agreed between both parties to act as potential leverage to induce termination.

The rent reform recommendations are proposing that if in your contract with the tenant you have a clause that will take effect before twenty years from 1st June 2008, then the contract will be terminated on the date such a clause comes into effect and the title of the tenancy will revert back to you.

The contract I entered into with my tenant does not have such a clause. Does this mean that the title of the property will never revert back to me?

The rent reform recommendations are proposing that at the end of 20 years from 1st June 2008 such rent contracts will be terminated and the title of the tenancy will revert back to you.

Does this mean that until such time that the clause relating to an abnormal increase in the rent or at the end of the 20 year period from 1st June 2008 I will not be in a position to increase the value of the level of the rent?

The rent reform recommendations are proposing that over a 12 year period the value of the level of the rent will increase until it reaches market value. Nevertheless, the authors of the rent reform are proposing the increases in the value of the level of the rent will be based on the turnover of the commercial entity. This recommendation is motivated by the understanding the commercial entities with lower turnover require a level of protection during the transitional process. Thus, it is proposed that the level of the value of the rents will increase as follows:

- turnover =< €50,000 (Lm21,459): 1990 inflation indexed rates as at 1st January 2009 and will increase automatically every three years to 1996, 2002 and so forth – that is six year steps - until full market value is reached over the 12 year transition period.

- turnover => €50,001 (Lm21,459.6) but =< €500,000 (Lm214,592): established at 1995 inflation indexed rates as at 1st January 2009 and will increase automatically every three years to 2001, 2007 and so forth – that is six year steps - until full market value is reached over the 12 year transition period.

- turnover => €500,001 (Lm214,592.7): 2000 inflation indexed rates as at 1st January 2009 and will increase automatically following every three years to 2006, 2012 and so forth – that is six year steps - until full market value is reached over the 12 year transition period.

My building is leased to a company which is listed on the Malta Stock Exchange. I do not believe that such a company should be offered protection at my expense.

You are correct. The rent reform recommendations are proposing that property leased by legal entities listed on the Malta Stock Exchange will have their lease terminated as at 1st June 2009 and that the title of the property will revert back to you.

My tenant has sub-let the lease and is earning a far higher value for the property when compared to the rent he or she pays me. This is unjust.

The authors of the rent reform recognise that this situation is unjust and are thus recommending that within 10 years from 1st June 2008 the title of the property will revert back to you.

My tenant has designed a legal instrument called a ‘management agreement’ to “sub-lease” my property to a third party at a ‘fee’ which is far higher from the rent he pays me. This is unjust.

The authors of the rent reform recognise that this situation is unjust and are thus recommending that a ‘management agreement’ is defined as sub-let, and such a sub-let can only take place with your consent.

 

Ministry for Social Policy | Palazzo Ferreria, 310 Republic Street | Valletta CMR 02, MALTA
Social Policy Information Centre: 159 | Telephone: (+356) 2590 3100 | Fax: (+356) 2590 3121 | E-mail: rentreform@gov.mt