The owners of an apartment in Floriana inherited a controlled tenancy paying almost nothing. The constitutional court found their property rights were violated and awarded compensation from the State.
Civil Court (First Hall) — Constitutional Jurisdiction · Judge Dr. Doreen Clarke LL.D. · 26 March 2026
Brian Portelli and Lucienne Muscat own apartment number 4 at Block 28, Triq Vincent Dimech, Floriana, inherited from Brian's grandfather. Like thousands of similar properties across Malta, this apartment was subject to a very old controlled tenancy — a legal arrangement under which the tenant paid a tiny, fixed rent that bore no relation to market value, and which the owners could not change or end. The owners brought a constitutional case arguing this violated their right to the peaceful enjoyment of property under the European Convention on Human Rights. The court found in their favour, consistent with a long line of similar cases. The State Advocate was ordered to pay compensation for the pecuniary losses suffered. The valuation costs were shared — two-thirds paid by the State Advocate and one-third by the plaintiffs, as the report took longer than necessary to prepare. All other costs were awarded against the State Advocate including the costs of the co-defendant Josephine Vella.
Owners won. State Advocate ordered to pay pecuniary and non-pecuniary damages (amounts specified in judgment). Valuation costs split two-thirds State, one-third owners. All other costs against State.
Constitution of Malta Art. 37; European Convention Act Ch. 319 First Protocol Art. 1 — right to peaceful enjoyment of property