Nov
19

Court of Appeal Confirms that in pre-1995 Commercial Leases, if the Parties Agreed on Periodic Rent Increases, Such Increases are to Prevail over the Increases Contemplated in Article 1531D (1) and (2) of the Civil Code.

News_Gkey
​ On the 5 th November 2021, the Court of Appeal (Inferior Jurisdiction) delivered a judgment confirming a decision of the Rent Regulation Board in the case bearing reference number 29/2019/1 LM . The appellant is the owner of a commercial premises which is leased to the appealed party. The appellant acquired the premises in 2017 together with the lease which was already in place in favour of the appealed party. The appealed party had acquired the lease in 2004 by means of an agreement which established that the rent due amounted to LM 600 per year, which amount w...
Continue reading
  515 Hits
0 Comments
515 Hits
  0 Comments
Apr
24

Sub-Letting of commercial tenements after 31st May 2018 – let it be! – (2)

Sub-Letting of commercial tenements after 31st May 2018 – let it be! – (2)
Reference is made to our previous article entitled ' Sub-Letting of Commercial Tenements After 31 st May 2018 – Let it Be! ', which dealt with the (then) proposed amendments to article 1613 of the Civil Code. In that article, we gave an overview of the salient provisions contained in the Bill which was being discussed in Parliament. Following the debate in Parliament on the Bill presented by the Government and following various interventions in the debate, the Bill remained unchanged and the amendments were subsequently introduced by means of Act VIII of 2018. The...
Continue reading
  6037 Hits
0 Comments
6037 Hits
  0 Comments
Mar
08

Sub-Letting of Commercial Tenements After 31st May 2018 – Let it Be!

Sub-Letting of Commercial Tenements After 31st May 2018 – Let it Be!
In terms of article 1531I of the Civil Code, as introduced by the amendments to the rent laws in 2009, a lease of commercial premises made before the 1 st June 1995 shall terminate on 31 st May 2028, unless a specific period has been stipulated in a contract and subject to the other specific provisions contained in this provision as may be applicable in a given case. In the case of sub-letting of commercial tenements made before the 1 st June 1995, these shall terminate on 31 st May 2018. This cut-off date does not apply if the sub-lease was made by agreement with...
Continue reading
  6936 Hits
0 Comments
6936 Hits
  0 Comments