The evolution of private residential lease in Malta : a deep insight on how this evolved throughout the years

Abstract

The field of Private Residential Lease is heavily characterised by the struggle between the lessor and the lessee. The Maltese situation, throughout the years has seen harsh controlling provisions to other provisions laying down almost unlimited contractual freedom. The legislator throughout the years has intervened drastically within private residential lease, its conditions, and the market. The current Civil Code operates three systems, which used to be distinct. The pre-1995 scenario is characterised by heavy restrictions, whilst post-1995 is characterised by market liberalisation. Post-2010 is embodied around the eradication of the situation created by pre-1995 contracts. On the 1st January 2020, the legislator felt the need to intervene again with the enactment of Chapter 604 – The Private Residential Leases Act, aimed at regulating how a contract is drawn up, whilst setting up framework that shall regulate lease, with the ulterior motive of having this sector regularised and further promoting its growth. The change in market conditions, social expectations and change in lifestyles meant that there was need of a new law. The aim of this dissertation is to analyse the evolution of private residential lease. Also, the evident comparison between harsh controlling provisions to other granting great contractual freedom. Ulterior aim is to provide insight on the new law enacted, its analytical aspects and why the legislator felt the need to intervene in the market and not let it regulate itself. Also, whether this law shall prove to be productive or otherwise will be discussed.