Police vs Natasha Zammit — Failure to Register Residential Lease

Landlord who failed to register tenancy fined €3,000 — conviction confirmed on appeal — offence is permanent not instantaneous for prescription purposes

Qorti tal-Appell Kriminali · Hon. Justice Natasha Galea Sciberras B.A., LL.D. · 8 April 2026

Natasha Zammit, as landlord of Flat 14, Lowndes Court, Triq Nazju Ellul, Gżira, entered into a residential lease with two tenants in December 2021 but failed to register the lease with the Housing Authority as required by Chapter 604 within 10 days of the start of the tenancy. The Housing Authority only learned of the lease from one of the tenants. The Magistrates Court convicted Zammit and fined her €3,000 payable immediately. She appealed on three grounds: (1) the prosecution did not prove she was the owner of the property, (2) the lease contract was not properly produced as best evidence, and (3) the offence was prescribed (time-barred). All three grounds were rejected.

The Court of Criminal Appeal dismissed all three grounds. On ownership: the law only requires proof that the appellant was the 'lessor' — her name and signature on the lease contract was sufficient. She need not be the property owner. On best evidence: the electronic lease (with DocuSign signature) sent by the tenant to the Housing Authority was sufficient proof that the lease existed — the tenant also gave video-conference evidence confirming the arrangement and identifying Zammit. On prescription: the court held that failure to register a lease is a 'permanent offence' not an 'instantaneous offence'. The offence does not crystallise and end when the 10-day registration period expires — it continues for as long as the lease exists without being registered. The prescription period therefore ran from when the tenancy ended in July 2022, not from when the 10 days expired after commencement. Since Zammit was cited in February 2024, the action was within the two-year prescription period.

• Under Ch. 604 Art. 4, it is the 'lessor' (the person who grants the lease) who must register it — not necessarily the property owner. A person who leases a property they administer or manage is liable even if they are not the registered owner
• The registration obligation arises 10 days after the start of the lease — but failure to register is a 'permanent offence' that continues for as long as the lease remains unregistered
• The prescription period for failing to register a lease runs from the date the tenancy ends (or is registered), NOT from 10 days after the start of the tenancy
• A residential lease not registered with the Housing Authority is null and void under Ch. 604 Art. 4(1)
• If a landlord fails to register, the tenant can register the lease themselves at the landlord's expense under Ch. 604 Art. 4(4)
• The fine for failing to register a residential lease under Ch. 604 Art. 22(1) ranges from €2,500 to €10,000
• Electronic signatures and video-conference witness evidence are accepted by Maltese courts — a DocuSign contract was accepted as proof of the lease agreement