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