Leases of residential tenements in Maltese rent laws and their proportionality in shifting the burden between the state and the private landlord, in light of the right to property

Abstract

In retaining the pre-1995 leases regimes 'in vigore', the Maltese State availed itself of the margin of appreciation granted to it. Thus, the main concern of this dissertation, questions the proportionality of such provisions regulating the pre-1995 leases. These laws have had their fair share of amendments, either enacted to favour the lessee over the lessor, or the more recent amendments that attempt to balance the rights of the lessor and the lessee. This paper elucidates how both the Maltese Courts and the European Court of Human Rights, are in pursuit of striking a fair balance between the rights of the State, the private landlord and the deserving tenant. This research conveys that until these rent regimes are eventually phased out, there is still room for more improvement in creating a fair balance, despite the amendments and the implementation of various measures. Therefore, it is of utmost importance that a proper proportionate balance is created between the State and the private landlord, in sharing the burden of laws with a social policy aim. This study will prove fruitful given the controversial situation in Malta throughout the years, as it seeks to assess whether the rent scenario in Malta is actually improving towards being proportional between the individual interest and the collective interest. It questions whether enough has been done and what kind of efficient remedies can be put in place to have laws that will reflect the proportionality that is needed to safeguard the State, the private landlord and the deserving tenant.