L.S. 16.11 Regolamenti dwar it-Tkomplija tal-Kirja (Kriterji ta’ Test tal-Mezzi)

(1)These regulations establish the criteria of the means test to be satisfied in terms of article 4A of the Reletting of Urban Property (Regulation) Ordinance and article 12B of the Housing (Decontrol) Ordinance by a person with a claim to the continuation of the tenancy under the said articles. Satisfying the means test criteria. Amended by: XXIV.2021.31. Cap. 69. Cap. 158.

(2)In order to satisfy the means test criteria established by these regulations a person shall be required to have both an income and capital within the limits established by these regulations. 3. Without prejudice to the provisions of regulation 8, the only relevant period, hereinafter in these regulations referred to as the "relevant period", for the calculation of means for the purposes of these regulations shall be: (

1. a)with regard to the income criterion, the income between the 1st January and the 31st December during the year immediately preceding the year in which the application is filed in terms of article 4A of the Reletting of Urban Property (Regulation) Ordinance and, or, article 12B of the Housing (Decontrol) Ordinance; (
2. b)with regard to the capital criterion, the capital as of the 1 January 2021, or five

(5)years prior the filing of the application before the Rent Regulation Board in terms of article 4A of the Reletting of Urban Property (Regulation) Ordinance and, or, article 12B of the Housing (Decontrol) Ordinance, whichever date comes earlier. 4.

(1)Means test proceedings shall be heard by the Rent Board behind closed doors and the record of the proceedings shall only be accessible to the parties subject to an obligation on the landlord to maintain the information contained in the said record as secret information. Any person who divulges information in breach of the provisions of this regulation shall be guilty of contempt of the Rent Board without prejudice to any other civil or criminal liability to which the said fact may give rise under any other law.

(2)Subject to any procedural rights exercisable in or in respect of means test proceedings and to the provisions of regulation 8, a *See regulation 1

(2)of these Regulations, as originally promulgated. Relevant period for calculation of means. Amended by: XXIV.2021.

1. Cap.
2. Cap.
3. Cap.
4. Cap.
5. Means test proceedings. Amended by: XXIV.2021.
6. 2 [ S.L.16.11 CONTINUATION OF TENANCIES (MEANS TESTING CRITERIA) means test may be repeated only in accordance with the provisions of sub-article

(8)of article 4A of the Reletting of Urban Property (Regulation) Ordinance and of sub-article

(8)of article 12B of the Housing (Decontrol) Ordinance.

(3)In any means test proceedings the person with a claim to the tenancy shall be bound to: (

1. a)present a statement and authenticated documentation of his income and capital and to substantiate the same for the purpose of demonstrating his level of income and capital in accordance with these regulations during the relevant period; (
2. b)provide statements and authenticated documentation in respect of a period of five

(5)years immediately preceding the relevant period, so as to enable the Rent Board to determine whether such person has during the said period immediately preceding the relevant period divested himself of any capital or income without proper explanation.

(4)Notwithstanding the other provisions of these regulations, where the Rent Board is satisfied that the person with a claim to the tenancy has, during the said period of five

(5)years immediately preceding the relevant period, divested himself of any capital or income without proper explanation, the Board may decide to take into account any capital or income of which the said person has divested himself of without a proper explanation by including it in the computation of capital and income of the said person. Income threshold in means test criteria. Amended by: L.N. 154 of 2012; L.N. 396 of 2018. Substituted by: XXIV.2021.34. Cap. 123. 5.

(1)For the purposes of the part that deals with the income criteria of the means test, "income" means income derived from any of the sources mentioned in article 5 of the Income Tax Act and in the following provisions of article 4 of the Income Tax Act: (a) in paragraph (a) of sub-article

(1), in paragraph (b) of sub-article

(1), in paragraph (c) of sub-article

(1)excluding the proviso thereto, in paragraph (d) of sub-article

(1), in paragraph (e) of sub-article

(1)and in paragraph (g) of sub-article

(1)excluding the proviso thereto and excluding capital gains; and (b) in sub-article

(2), in paragraph (a) of sub-article

(3)excluding the proviso thereto, and in paragraph (b) of subarticle

(3).

(2)For a person who is younger than thirty-six

(36)years old to meet the income criteria of the means test, the income of the said person during the relevant period shall not exceed twenty-eight thousand and five hundred euro (€28,500).

(3)For a person who is between thirty-six

(36)years old to forty-five

(45)years old to meet the income criteria of the means test, the income of the said person during the relevant period shall not CONTINUATION OF TENANCIES (MEANS TESTING CRITERIA) [ S.L.16.11 3 exceed thirty-eight thousand euro (€38,000).

(4)For a person who is between forty-six

(46)years old to fiftyfive

(55)years old to meet the income criteria of the means test, the income of the said person during the relevant period shall not exceed forty two thousand euro (€42,000).

(5)For a person who is between fifty-six

(56)years old to sixtyfive

(65)years old to meet the income criteria of the means test, the income of the said person during the relevant period shall not exceed forty-four thousand and five hundred euro (€44,500).

(6)For a person who is between sixty-six

(66)years old to seventy-five

(75)years old to meet the income criteria of the means test, the income of the said person during the relevant period shall not exceed forty-six thousand and five hundred euro (€46,500).

(7)For a person who is seventy-five

(75)years of age or older to meet the income criteria of the means test, the income of the said person shall not exceed fifty thousand euro (€50,000).

(8)The Rent Regulation Board shall have the right to fix higher levels of income from those contemplated under this regulation when the person with a claim to continue the tenancy is a person with disability who is registered with the Commission for the Rights of Persons with Disability and the type of disability is considered to be of a severe nature.

(9)For the purposes of determining the severity of disability of such person and subsequently fix an appropriate level of income, as required in sub-regulation

(8), such assessment shall be carried out in the same manner as that applicable in the case of claims for an invalidity pension under paragraphs (

1. e)and (
2. f)of the first proviso to article 106 of the Social Security Act, with the involvement of the Commission for the Rights of Persons with Disability. 6.

(1)For a person who is younger than thirty-six

(36)years old to meet the capital criteria of the means test, the capital of the said person shall not exceed sixty thousand euro (€60,000).

(2)For a person who is between thirty-six

(36)years old to forty-five

(45)years old to meet the capital criteria of the means test, the capital of the said person shall not exceed ninety thousand euro (€90,000).

(3)For a person who is between forty-six

(46)years old to fiftyfive

(55)years old to meet the capital criteria of the means test, the capital of the said person shall not exceed one-hundred and eighty-five thousand euro (€185,000).

(4)For a person who is between fifty-six

(56)years old to sixtyfive

(65)years old to meet the capital criteria of the means test, the capital of the said person shall not exceed two hundred and thirteen Cap.

1. Capital criteria in means test criteria. Amended by: L.N. 154 of 2012; L.N. 261 of 2018; L.N. 396 of
2. Substituted by: XXIV.2021.
3. 4 CONTINUATION OF TENANCIES (MEANS TESTING CRITERIA) [ S.L.16.11 thousand euro (€213,000).

(5)For a person who is between sixty-six

(66)years old to seventy-five

(75)years old to meet the capital criteria of the means test, the capital of the said person shall not exceed two hundred and forty-five thousand euro (€245,000).

(6)For a person who is seventy-five

(75)years of age or older to meet the capital criteria of the means test, the capital of such person shall not exceed six hundred thousand euro (€600,000).

(7)The Rent Regulation Board shall have the right to fix higher levels of capital from those contemplated under this regulation when the person with a claim to continue the tenancy is a person with disability who is registered with the Commission for the Rights of Persons with Disability and the type of disability is considered to be of a severe nature. Cap. 318. Calculating the capital. Amended by: XXIV.2021.34.

(8)For the purposes of determining the severity of disability of such person and subsequently fix an appropriate level of income, as required in sub-regulation

(7), such assessment shall be carried out in the same manner as that applicable in the case of claims for an invalidity pension under paragraphs (

1. e)and (
2. f)of the first proviso to article 106 of the Social Security Act, with the involvement of the Commission for the Rights of Persons with Disability. 7. In calculating the capital criteria of the means test, account shall be taken of: (
3. a)the value of any immoveable property belonging fully to the person with a claim to the tenancy only if the said person holds vacant possession of the said property; (
4. b)money deposited in a bank which can be withdrawn at less than three months’ notice; (
5. c)cash in hand; (
6. d)time deposits; (
7. e)bonds; (
8. f)stocks; (
9. g)securities; (
10. h)any other financial instrument or financial product: Provided that for the purpose of paragraph (a), where the Board finds that the possession of dwelling-house would not be vacant because its use would have been granted to third parties under any title including lease, the Board shall consider the conditions at which the tenant may recover the possession of the dwelling-house, and if such repossession may be made in the short term, that dwelling-house shall be included anyway in the calculation of the capital criteria of the means test: CONTINUATION OF TENANCIES (MEANS TESTING CRITERIA) [ S.L.16.11 Provided further that in the case mentioned in the first proviso, if as a result of the inclusion of the dwelling-house in the calculation the tenant does not meet the capital criteria of the means test, the Board shall have the power to extend the period mentioned under sub-article

(4)of article 4A of the Reletting of Urban Property (Regulation) Ordinance and article 12B of the Housing (Decontrol) Ordinance: 5 Cap.

1. Cap.
2. Provided further that in the scrutiny mentioned in the second proviso, the Board shall have the power to consider whether the tenant would have disposed of his rights maliciously, and in such case include the dwelling-house in the calculation of the capital criteria of the means test anyway.
3. Where several persons have a claim to the tenancy in solidum in accordance with the provisions of the Reletting of Urban Property (Regulation) Ordinance and the Housing (Decontrol) Ordinance, it shall be enough if one

(1)of the said persons satisfies the income and capital conditions of the means test provided for in these regulations: Provided that in the case of the death of the person or persons who would meet the income and capital criteria of the means test, and who would have continued the lease in solidum with other persons, the latter shall not have the right to continue the lease insofar as they do not also satisfy the income and capital conditions of the means test.

1. In the case that the tenant is married, the means test shall include the income and capital of the spouses jointly. Means test in cases of continuation of a lease by persons who are eligible in solidum. Substituted by: XXIV.2021.
2. Cap.
3. Cap.
4. Means test in cases of married persons. Added by: XXIV.2021.34.