An understanding of Act XXVIII of 2019 in a critical and comparative perspective

Abstract

The assessment of human rights in matters of rent regulation has featured in every European Court of Human Rights judgment concerning state legislation on the private rented sector. The position of the ECHR with respect to the Maltese regime regulating pre-1995 leases has now been consolidated in numerous judgments condemning the state for the violation of landlords’ property rights. In this light, it remains unclear whether the newly introduced Private Residential Leases Act through which the state is, once again, intervening in the sphere of rental policy does strike this ‘fair balance’ or not. This dissertation proposes an answer to this question through a two-fold approach. Firstly, a comparative study will show how foreign jurisdictions, most notably Italy, Germany, Spain, Norway and the United Kingdom regulate their lease law. Secondly, it will delve into a number of points of the newly enacted Private Residential Leases Law and show a clear understanding of what the Adjudicating Panel’s role is. An analysis of decided cases by the Panel during its first year of decisions which would serve as true reflection of the current rental market problems, and how these could be solved. The aim of the study is primarily that of analysing the parameters of legality of rent control regimes under the European Union, in order to determine whether it is compliant with human rights standards. Secondly, to compare the current Maltese regime with foreign jurisdictions in order to determine whether it may be considered too liberal or too restrictive. By the end of the study, it should, therefore, be able to establish whether the newly enacted PRLA does strike a fair balance between the landlord and the tenant through comparative human rights and the right to property. By comparing to other jurisdictions, one would be able to see to what extent it conforms to the fair balance rights-based understanding of both roles and how balance should be struck between them and applying this to Act 28/2019.