To what extent does the law ensure the presence of habitable conditions in the Maltese private rented sector?

Abstract

This term paper sets out to examine the extent of the presence of a minimum standard of habitability guaranteed in the Maltese private rented sector. The issue of adequate housing in relation to rented tenements has become a hot topic both in the pan-European and local legal sphere, due to an international revival of this sector as an alternative to homeownership. This phenomenon has been reflected in the Maltese scenario, with an unprecedented boom in our private rented sector in the past decade. A rigorous analysis of existing Maltese legislation and judgments will be carried out in an attempt to extract a covert minimum standard of habitability guaranteed to tenants, and any insufficiencies will be noted. A cross-analysis of Maltese legislation and the Scottish Housing Quality Standard, identified by the researcher as the most highly-developed and compatible habitability standard in the European Union, will be carried out to identify further similarities and differences in protection afforded, and the means applied to ensure such standard is observed. Other key pieces of Scottish legislation will be analysed to extract good practices that may be of inspiration in the creation of an effective local standard. Using the data gathered, the researcher will reach a conclusion regarding the sufficiency of current Maltese legislation, and submit feasible proposals on how to better regulate and enforce tenants’ inherent rights of adequate housing in the Maltese private rented sector.