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Court Notices published in Govt. Gazette No. 20,977 of 20th December 2022

Date Icon 19/12/2022

Notice 2297

2297

By means of a decree of the 28th Ottubru, 2022, of the Rent Regulation Board, in the records of the Application in the names Elizabeth Grech pro et noe et vs Christine Scicluna et, Application number 115/2022JD, the following publication was ordered for the purpose of effecting service on the respondent Carmelo Pace in terms of Article 187(3) et sequitur of the Code of Organisation and Civil Procedure (Cap. 12).

By means of an application in the names Elizabeth Grech (ID 403861M) in her own name and as procurator of the said Veronica Grech (ID 614154M), Bernard Joseph Grech (ID 457456M) and Marie-Jeanne Borg (ID 747958M) and Carmel Barbara (ID 484054M) in his own name and on behalf of his siblings, Madeleine Suban (KI 425255M), John Barbara (KI 384057M) and Maria Concetta sive Cettina Cauchi (ID 529461M) and Paul Brincat (ID 134749M) in his own name and as procurator of Saviour Brincat (ID 383052M), Maria Concetta Farrugia (ID 166750M), Josephine Debono (ID 170651M) and Carmel Brincat (ID 831953M) vs Christine Scicluna (ID 472739M) and Housing Authority (as Amicus Curaie), filed in the Rent Regulation Board, on the 24th May 2022, the applicants Elizabeth Grech (ID 403861M) in her own name and as procurator of the said Veronica Grech (ID 614154M), Bernard Joseph Grech (ID 457456M) and Marie-Jeanne Borg (ID 747958M) and Carmel Barbara (ID 484054M) in his own name and on behalf of his siblings, Madeleine Suban (KI 425255M), John Barbara (KI 384057M) and Maria Concetta sive Cettina Cauchi (ID 529461M) and Paul Brincat (ID 134749M) in his own name and as procurator of Saviour Brincat (ID 383052M), Maria Concetta Farrugia (ID 166750M), Josephine Debono (ID 170651M) and Carmel Brincat (ID 831953M) requested this Honourable Board why it should not:

1. Declare and decide that the respondent Christine Scicluna (ID 472739M) is the lessee of premises 21, Triq Freres, Tas-Sliema, and qualifies as the lessee of a residential house on the basis of this definition, in terms of Article 2 of the Reletting of Urban Property (Regulation) Ordinance as amended by Act XXIV of 2021;

2. Order that the means test of the respondent Christine Scicluna (ID 472739M) be carried out as set out in the Rules of the Continuation Tenancies (Means Testing Criteria) issued under Article 1622A of the Civil Code and any regulations that replace them, which test shall be based on the income of the lessees between 1st January and 31st December, 2020, and on the capital of the lessee on the 31st December, 2020, and which test has to be made with particular reference, inter alia, to the rules of the Continuation Tenancies (Means Testing Criteria) that have to be applied mutatis mutandi in this case;

3. Declare and decide that in terms of the Act of 2021, the rent shall be revised to an amount not exceeding 2% per year of the free and unencumbered open market value of the premises and to establish new conditions regarding the lease;

4. Order that if the respondent Christine Scicluna (ID 472739M) start paying such increased rent in terms of Act XXIV of 2021 with effect from the date of the filing of this application;

5. Order that if the respondent Christine Scicluna (ID 472739M) does not satisfy the criteria of the income of the means test, the eviction of the same Christine Scicluna (ID 472739M) from the premises in question within a short and peremptory time established by this Board and by not later than two years from the 1st June, 2021.

With costs against the respondent who is from now summoned so that a reference to her oath be made and without prejudice to any other action that may eventually be filed.

Applicants: Elizabeth Grech (ID 403861M), 23 Triq il-Franġiskani, Ħamrun

Charles Barbara (ID 484054M), 33, Notre Reve, Triq l-Alfier DeMedran, Ħal Tarxien

Paul Brincat (ID 134749M), 51, Die Oase, Triq G. Montebello, Ħal Tarxien

Respondent : Christine Scicluna (ID 472739M) – 21, Triq il-Freres, tas-Sliema

Housing Authority

The application in the names Elizabeth Grech pro et noe et vs Christine Scicluna et, Application number 455/2022LC, has been postponed for hearing to the 25th January, 2022, at 11.25a.m.

Alexandra Debattista

For the Registrar, Civil Courts and Tribunals​

16 Diċembru 2022