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Real Estate & Construction

Regulations under the Private Residential Leases Act

On the 31st December 2019, a set of regulations were introduced for the purpose of registering private residential leases with the Housing Authority and in order to regulate the procedures to be followed before the Adjudicating Panel for Private Residential Leases in the event of disputes relating to said private residential leases.Private residential leases can now be registered here:https://rentregistration.mt/. A. Registration of Private Residential Leases Contracts Regulations, 2019 • Overview and scopeThe Registration of Private Residential Leases Contracts Regulations, 2019 (Subsidiary Legislation 604.02) have been enacted by virtue of L.N. 355 of 2019, hereinafter referred to as "the Regulations". The…
Veronica Grixti
20th January 2020
Real Estate & Construction

Private Residential Leases Act 2019

Overview and scopeThe Private Residential Leases Act has been enacted by virtue of Act No. XXVIII of 2019, hereinafter referred to as "the Act". The object of this Act is to promote the development of the private rented sector by ensuring standards of fairness, clarity and predictability in contractual relations between lessors and lessees, and to safeguard and protect the right to adequate accommodation.ApplicationThe Act shall apply to private residential leases that are entered into or renewed after the entry into force of the Act. This rests on the proviso that leases which were granted after 1st June 1995 and…
Veronica Grixti
20th November 2019
Real Estate & Construction

Establishment of Land Registration Agency

This article was written by Dr Veronica Grixti and Dr Joshua Chircop.A Land Registration Agency (the 'Agency') has been established by virtue of the Land Registration Agency (Establishment) Order, 2019 (the 'Order') under Legal Notice 4 of 2019. The Order has been promulgated in exercise of the powers conferred on the Prime Minister by Article 36 of the Public Administration Act, Chapter 497 of the Laws of Malta (the 'Act').FunctionsThe Order states that the Agency shall have the following responsibilities:1. to carry out the functions and duties of public administration in relation to Land Registration, by virtue of the Land…
Veronica Grixti
7th March 2019
Insurance & Reinsurance

Utmost Good Faith in Insurance Contracts

This article was written by Veronica Grixti and Joshua Chircop.In a judgement presided by Mr. Justice Toni Abela, in the names Knightsbridge Developments Limited vs Citadel Insurance plc, the Civil Court, First Hall held that the principle of utmost good faith in insurance contracts applies not only at the moment of conclusion of the contract but also throughout the course of the performance of such contract.The plaintiff company was planning to build a block of nineteen apartments with garages, a semi-basement car park and a cafeteria in St. Paul's Bay, Malta. The plaintiff therefore obtained a Contractors All Risk Insurance…
Veronica Grixti
23rd October 2018
Insurance & Reinsurance

Utmost Good Faith in Insurance Contracts

This article was written by Veronica Grixti and Joshua Chircop.In a judgement presided by Mr. Justice Toni Abela, in the names Knightsbridge Developments Limited vs Citadel Insurance plc, the Civil Court, First Hall held that the principle of utmost good faith in insurance contracts applies not only at the moment of conclusion of the contract but also throughout the course of the performance of such contract.The plaintiff company was planning to build a block of nineteen apartments with garages, a semi-basement car park and a cafeteria in St. Paul's Bay, Malta. The plaintiff therefore obtained a Contractors All Risk Insurance…
Veronica Grixti
23rd October 2018
Trusts, Foundations and Wealth Management

Family Trusts

This article was written by Veronica Grixti and Joshua Chircop.The main Maltese legislation regulating trusts in Malta, namely the Trusts and Trustees Act, Chapter 331 of the Laws of Malta ('the Act'), provides that a trust may be created to hold property settled by a settlor or settlors for the present and future needs of family members or family dependants, as defined hereunder, who are definite and can be ascertained ('the Family Trust').Pursuant to the Act, the Malta Financial Services Authority ('the MFSA') has drawn up Rules for Trustees of Family Trusts ('the Rules'), which regulate those companies in formation…
Veronica Grixti
17th March 2017