Four co-owners of a property in Birkirkara successfully argued that Malta's controlled rent laws violated their constitutional property rights. The court awarded over €92,000 in damages plus €1,000 non-pecuniary damages.
Civil Court (First Hall) — Constitutional Jurisdiction · Judge Dr. Doreen Clarke LL.D. · 26 March 2026
Emmanuel Brincat, Josephine Cortis, Carmen Giordmaina and Giovanna Mallia are the co-owners of property number 22, Triq il-Laqxija, Birkirkara, inherited from their parents. The property was subject to a long-standing controlled tenancy — a very low fixed rent that the owners could not change, a legacy of old Maltese rent legislation. The owners argued that this situation violated their fundamental right to the peaceful enjoyment of their property, protected under the European Convention on Human Rights (First Protocol, Article 1) as incorporated into Maltese law. The court agreed. It found that the controlled rent regime, as applied to this property, struck an unfair balance between the public interest and the owners' property rights. The State Advocate was ordered to pay the owners €91,988.88 in pecuniary (financial) damages representing the lost rental income over the relevant period, plus €1,000 in non-pecuniary (moral) damages. All legal costs were awarded against the State Advocate, including the costs of the co-defendant Micallef.
Owners won. State Advocate ordered to pay €91,988.88 pecuniary damages + €1,000 non-pecuniary damages + all legal costs.
Constitution of Malta Art. 37; European Convention Act Ch. 319 First Protocol Art. 1 — right to peaceful enjoyment of property