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ARTICLE · 06 AUGUST 2021

Pre-1995 Lease – Tenant Evicted By The Rent Regulation Board

The Rent Regulation Board (the "Board"), presided over by Magistrate Dr Simone Grech, on 30 July 2021, in the case Ann sive Felicity Wismayer vs. Patricia Engerer dealt with an eviction request made by the plaintiff .

MaltaReal Estate and Construction

The Rent Regulation Board (the "Board"), presided over by Magistrate Dr Simone Grech, on 30 July 2021, in the case Ann sive Felicity Wismayer vs. Patricia Engerer dealt with an eviction request made by the plaintiff after she obtained a judgement in her favour, delivered by the First Hall Civil Court (Constitutional Jurisdiction) presided over by Honourable Mr Justice Francesco Depasquale (the "Constitutional Judgement"), confirming that Chapter 69 and Act X of 2009 infringed her human right to enjoy her property under the European Convention of Human Rights. The competence and powers of the Board were also explained in detail.

After a long string of cases dealing with pre-1995 leases, both at the European Court of Human Rights and at our local courts, it is now well-known that Chapter 69 and Act X of 2009 have been declared to be unconstitutional in various instances. They placed an excessive and disproportionate burden on owners along the years by failing to

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