Objecting to a Landlord's Notice of Termination of a Private Residential Lease

When and how a landlord may terminate the lease

Under Chapter 604, art. 9, a long private residential lease ceases upon expiry of its term, but only if the lessor has given the lessee notice at least three months before that date, by registered letter. The lessor discharges this obligation simply by proving that the registered letter was sent within the stipulated time and to the correct address.

If the lessor fails to serve this notice within the specified time, the lease is deemed renewed for a further period of one year, and in the absence of any notice of termination the lease continues to be renewed indefinitely, as set out in Chapter 604, art. 9.

It is also important to note that the law expressly prohibits a lessor from giving a notice of termination aimed at ending the agreement before the period imposed by law or stipulated in the contract, save for the grounds recognised under articles 1573 and 1574 of the Civil Code, per Chapter 604, art. 9.

This termination regime under article 9 applies only to long private residential leases; it does not apply to short private residential leases, as clarified in the same Chapter 604, art. 9.

Grounds on which a tenant may object

• The notice was not sent by registered letter, or was not sent at least three months before the expiry of the term, as required by Chapter 604, art. 9.
• The lessor is attempting to terminate the agreement before the period imposed by law or agreed in the contract, without falling within the exceptions referred to in Chapter 604, art. 9.
• The lease contract itself was never registered with the Housing Authority as required, which — under Chapter 69, art. 16B — may prevent the Rent Regulation Board from even entertaining a demand relating to the lease.
• The property in question falls outside the scope of the Private Residential Leases Act (for example, a tenement not let for a primary residential purpose), per the applicability rules in Chapter 604, art. 9 read together with the Act's scope provisions.

Formal requirements for the tenant's objection

The tenant's reply should mirror the formality used by the landlord. Given that the law requires the landlord's notice to be served by registered letter, a tenant contesting that notice should likewise use a registered letter, so that the date and content of the objection can later be proven if the matter is examined by the competent Board or court.

The objection letter should identify the lease, quote the landlord's notice (date sent and date received), state precisely why the notice is defective or premature, and request written confirmation that the lease continues in force pending resolution of the dispute.

Where the dispute cannot be resolved directly with the landlord, the matter may fall to be examined by the Rent Regulation Board or the Adjudicating Panel for Private Residential Leases, depending on when the lease was entered into and its nature; the passages available do not specify the exact deadline for filing such an application, so this should be verified in the current text of the applicable statute before acting.

Practical consequences of an invalid notice

If the landlord's notice does not comply with the three-month registered-letter requirement, the practical effect under Chapter 604, art. 9 is that the lease is deemed renewed for a further period of one year. The tenant is therefore entitled to remain in occupation and to insist on this renewal in the objection letter.

Separately, if the lessor has failed to register the lease contract with the Authority, this failure cannot be used by the lessor as a defence in enforcement proceedings, and the tenant may even register the lease himself at the lessor's expense, recovering the fee from the rent, in accordance with Chapter 604, art. 4.

Template Objection Letter to Landlord's Notice of Termination

By Registered Letter

To: [Full name of Landlord/Lessor]
[Address of Landlord]

From: [Full name of Tenant/Lessee]
[Address of Tenant]

Date: [Date]

Subject: Objection to Notice of Termination – Lease of [description/address of dwelling house]

Dear [Landlord's name],

I refer to your notice of termination dated [date of landlord's notice], received by me on [date of receipt], concerning the private residential lease of the above-mentioned property, entered into on [date of lease contract] for a period of [duration of lease].

I hereby object to the said notice of termination on the following ground(s):

[Select and complete as applicable:]
- The notice was not served at least three (3) months before the expiry of the term of the lease, as required by article 9 of the Private Residential Leases Act (Chapter 604 of the Laws of Malta).
- The notice was not served by registered letter, as required by the same provision.
- The notice seeks to terminate the lease before the period imposed by law or stipulated in the agreement, without falling within any exception recognised by law.
- The lease contract has not been registered with the Housing Authority in accordance with article 4 of the Private Residential Leases Act, and I therefore reserve my right to proceed with registration myself at your expense.
- [Other ground, to be specified].

In light of the above, I consider that the lease has not been validly terminated and, in accordance with article 9(2) of the Private Residential Leases Act (Chapter 604), the lease must be deemed renewed for a further period of one (1) year on the same conditions.

I kindly request your written confirmation, within [number] days of receipt of this letter, that you withdraw the notice of termination and acknowledge the continuation of the lease. Failing such confirmation, I reserve all my rights, including the right to refer this matter to the competent Rent Regulation Board / Adjudicating Panel for Private Residential Leases and to seek any other remedy available to me at law.

This letter is sent without prejudice to any of my rights and is being dispatched by registered letter in order to provide proof of the date and content of my objection.

Yours faithfully,

[Signature]
[Full name of Tenant]
[ID Card Number]
[Contact details]

Complete all bracketed details with the actual names, addresses and dates, select only the objection ground(s) that genuinely apply to your case, and send the letter by registered post so that proof of dispatch and delivery is preserved.

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This template is based on the Malta legislation in the Europaius corpus. Verify the current wording before use; this does not constitute legal advice. Legal Advisor · Europaius MT