L.S. 604.01 Regolamenti dwar il-Panel ta’ Arbitraġġ għal Kirjiet Residenzjali Privati

(1)In these regulations, unless the context otherwise "the Act" means the Private Residential Leases Act; "Adjudicating Panel" means a panel constituted under article 22 of the Private Residential Leases Act; Cap.

1. Cap.
2. "Chairman" means the Chairman of the Housing Authority; "the Registrar" means the Registrar of the Adjudicating Panel for private residential leases; "register of acts" means a register in which the acts pertaining to adjudications are registered by the Registrar. Part II THE ADJUDICATING PANEL 3.

(1)On appointment, the Chairperson and the members of the Adjudicating Panel shall take an oath of office in the form hereunder: "I .................................. swear/solemnly affirm that I shall perform my duties as arbitrator honestly, impartially, with due diligence, and without fear or favour according to law.". Oath of office. Amended by: L.N. 212 of 2023.

(2)A copy of the oath of office taken by the Chairperson and members of the Adjudicating Panel shall be deposited with the State Advocate.

1. The oath of office of the Chairperson and members of the Adjudicating Panel shall be accompanied by a confirmation by such Chairperson and member accepting his appointment together with a declaration by him confirming his independence and impartiality. Confirmation of independence. 2 ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES [ S.L. 604.01 Part III THE ADJUDICATION PROCEEDING Statement of claim.
2. following:

(1)The claim shall be in writing and shall include the (

1. a)the names and addresses of the parties; (
2. b)a reference to the registered contract out of which the dispute arises; (
3. c)a statement of the facts supporting the claim; (
4. d)the points at issue; and (
5. e)the relief or remedy sought.

(2)The claimant may annex to his statement of claim all documents he deems relevant or may add a reference to the documents or other evidence he will submit. Statement of defence. 6. The statement of defence shall contain a reply to the particulars (c), (

1. d)and (
2. e)of the statement of claim referred to in regulation 5. The respondent may annex to his statement the documents on which he relies for his defence or may add a reference to the documents or other evidence he will submit. Counter-claim. 7. A counter-claim or a claim relied upon for the purpose of a set-off shall contain the particulars contained in regulation 5

(1). Submission of acts through the online system. 8.

(1)There shall be an electronic mechanism by means of which claims, replies and, or counter-claims before the Adjudicating Panel may be filed online. Responsibility of the Registrar and date when acts are deemed filed. 9.

(1)The Registrar or persons delegated by him may receive claims, replies and, or counter-claims before the Adjudicating Panel filed by electronic means.

(2)Claims, replies and, or counter-claims before the Adjudicating Panel filed by electronic means shall, for all intents and purposes of law, be deemed as if they have been filed directly in the Registry of the same Adjudicating Panel:      Cap. 12. Provided that when a claim, reply and, or counter-claim before the Adjudicating Panel is filed by electronic means outside registry opening hours as established by the Code of Organization and Civil Procedure, such act shall be deemed to have been filed on the first following day of the opening of the said Registry. Registered post. 10.

(1)The Registrar may affect service of any notification or communication to the claimant or respondent by mailing the same by registered post to one of the addresses of the persons to be ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES [ S.L. 604.01 3 notified.

(2)Where the registered letter is not accepted or cannot otherwise be delivered at such address for any reason, the Registrar may publish a notice in a local daily newspaper stating that the document to be delivered has been deposited at the Registry and such document shall be deemed to have been received by the person indicated in the notice five working days after the date when such notice has been so published. 11.

(1)Any document, which is to be served on any other party by the Registrar or by any party in the adjudication, may be served by hand on such party by an officer or employee of the Housing Authority. Service by hand.

(2)Upon service of an act, the officer or employee of the Housing Authority shall confirm in writing: (

1. a)the date and time of service; (
2. b)the place of service; and (
3. c)the details of the person on whom such service was made and a statement on how such person was identified.

(3)such acts. The Registrar may issue guidelines for the services of

1. Each party shall have the burden of proving facts relied on to support his claim or defence. Burden of proof.
2. The Adjudicating Panel shall have the power to rule on objections that it has no jurisdiction. Pleas as to the jurisdiction of the Adjudicating Panel.
3. The Adjudicating Panel shall decide what further written statements, in addition to the statement of claim and the statement of defence, shall be required from the parties or may be presented by them and shall fix the periods of time for communicating such statements. Further written statements.
4. The periods of time fixed by the Adjudicating Panel for the communication of written statements (including the statement of claim and statement of defence) should not exceed five

(5)working days. Periods of time.

1. Subject to the provisions of article 28 of the Act, where the Adjudicating Panel deems it necessary to hear any oral submissions, the evidence of witnesses shall be produced either viva voce or by affidavit, and subject to the relevant regulations of this Part, the provisions of the Code of Organization and Civil Procedure and of any law from time to time in force in Malta shall apply to the Oral submissions.     Cap.
2. 4 [ S.L. 604.01 ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES production of evidence viva voce or by affidavit before the Adjudicating Panel as they apply to the production of evidence before a court of civil jurisdiction. Evidence.     Cap.
3. 17.

(1)Subject to the provisions of regulation 16, the evidence of witnesses in an Adjudicating Panel shall be produced either viva voce or by affidavit, and subject to the relevant regulations of this Part, the rules of the Code of Organization and Civil Procedure and of any law from time to time in force in Malta shall apply to the production of evidence viva voce or by affidavit before the Adjudicating Panel as they apply to the production of evidence before a court of civil jurisdiction.

(2)Where the evidence of any person is required, the Registrar may issue writs of subpoena to compel the attendance of a witness to give evidence or produce documents before the Adjudicating Panel. The application for the issue of the writ shall be countersigned by the Chairperson of the Adjudicating Panel and shall be in the prescribed form: Provided that any application for the subpoena of a witness before the Adjudicating Panel shall indicate that the witness is to appear before the Adjudicating Panel for the purpose of adjudication proceedings and shall indicate clearly the address of the place the witness is to attend and the date and time of attendance.

(3)The provisions of sub-regulation

(2)shall apply mutatis mutandis where for the purposes of proceedings before an Adjudicating Panel, a rogatory commission or letters of request are required to be issued in respect of, or an affidavit is required by, a person who is not resident within the jurisdiction of the courts of Malta. Oral hearing. 18.

(1)In the event of an oral hearing of the parties or of witnesses, the Adjudicating Panel shall give the parties adequate advance notice of the date, time and place thereof.

(2)The Adjudicating Panel shall make arrangements for the translation and transcription of oral statements made at a hearing and for a record of the hearing if it is deemed necessary by the Adjudicating Panel in the circumstances of the case.

(3)Hearings shall be held in camera. The Adjudicating Panel may require the retirement of any witness or witnesses during the testimony of other witnesses. The Adjudicating Panel is free to determine the manner in which witnesses are examined. Experts. 19.

(1)Where the Adjudicating Panel deems it necessary to take expert advice, the parties shall give the expert any relevant information or produce for his inspection any relevant documents or goods that he may require of them. Any dispute between a party and ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES [ S.L. 604.01 5 such expert as to the relevance of the required information or production shall be referred to the Adjudicating Panel for decision.

(2)Upon receipt of the expert’s report, the Adjudicating Panel shall communicate a copy of the report to the parties who shall be given the opportunity to express, in writing, their opinion on the report. A party shall be entitled to examine any document on which the expert has relied in his report. 20.

(1)The Registrar and any member of the Adjudicating Panel may administer oaths to persons called as witnesses or experts to give evidence before an Adjudicating Panel. The form of the oath shall be as follows: "I swear/solemnly affirm to tell the truth, the whole truth and nothing but the truth.". Oaths.

(2)The Adjudicating Panel may order that the documents or statements filed during the adjudication proceedings shall be confirmed on oath before the Registrar in the form hereunder: "I swear/solemnly affirm that the facts stated in this (name of document or statement being verified) are true.".

(3)In the absence of such confirmation, the Adjudicating Panel may disregard the documents or statements not confirmed. 21.

(1)If one of the parties, duly notified under this Part, has to appear at a hearing, fails to do so without showing sufficient cause for such failure, the Adjudicating Panel may proceed with the adjudication. Default.

(2)If one of the parties duly invited to produce documentary evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the Adjudicating Panel may decide on the evidence before it. 22.

(1)Any decision of the Adjudicating Panel shall be made by a majority of the members of the Adjudicating Panel. Decisions.

(2)In the case of questions of procedure, the Chairperson of the Adjudicating Panel may decide on his own. 23.

(1)The Adjudicating Panel may make more than one decision at different times on different aspects of the matters to be determined. The Adjudicating Panel may make an award relating: (

1. a)to an issue affecting the whole claim, or; (
2. b)to a part only of the claims or counter-claims submitted to it for decision, and shall also be entitled to make interim and/or interlocutory awards. Form of the decision, interim, interlocutory or partial decision. 6 ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES [ S.L. 604.01

(2)The decision shall be in writing.

(3)The Adjudicating Panel shall state the reasons upon which the decision is based: Provided that in the case of interlocutory decision relating to the procedures of the adjudication, no reasons are to be given.

(4)A decision shall be signed by the members of the Adjudicating Panel and it shall contain the date on which and the place where the decision was deemed to have been made. Where one of the members of the Adjudicating Panel fails to sign, the decision shall state the reason for the absence of the signature.

(5)The decision shall be made public.

(6)Copies of the award signed by the members of the Adjudicating Panel shall be communicated to the parties by the Registry. Costs. 24. The Adjudicating Panel shall fix the costs of adjudication in its decision. The term "costs" includes only: (

1. a)the costs of expert advice and of other assistance required by the Adjudicating Panel; (
2. b)the costs for legal representation and assistance of the successful party if such costs were claimed during the adjudication proceedings, and only to the extent that the Adjudicating Panel determines that the amount of such costs is reasonable; and (
3. c)any fees and expenses payable to the Adjudicating Panel. Costs in principle to be borne by unsuccessful party. 25.

(1)Except as provided in sub-regulation

(2), the costs of adjudication shall in principle be borne by the unsuccessful party. However, the Adjudicating Panel may apportion such costs between the parties if it determines that apportionment is reasonable, taking into account the particular circumstances of the case.

(2)With respect of the costs of legal representation and assistance referred to in paragraph (c) of regulation 24, the Adjudicating Panel, taking into account the particular circumstances of the case, shall be free to determine which party shall bear such costs or may apportion such costs between the parties if it determines that apportionment is reasonable. Deposit of costs. 26.

(1)The Adjudicating Panel, on its establishment, may request each party to deposit with the Housing Authority an equal sum between them as an advance payment for the costs referred to in ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES [ S.L. 604.01 paragraph (b) regulation 24.

(2)During the course of the adjudication proceedings, the Adjudicating Panel may request from the parties supplementary deposits to cover further costs.

(3)If the required deposits are not paid in full within five

(5)days from the receipt of the request, the Adjudicating Panel may order the defaulting party to pay double the amount.

(4)After the decision has been made, the Adjudicating Panel shall render an account to the parties of the deposits received and return to the parties any unexpended balance. 27. Unless the parties expressly agree otherwise, within thirty

(30)days of the decision of an adjudication, the Registrar shall deliver the file with all original documents presented to the Adjudicating Panel for archiving by the Housing Authority. Records of proceedings. 28. The Housing Authority shall keep all such documents filed in any proceedings for five

(5)years from the date of the award, after which they may be destroyed at the discretion of the Housing Authority. Keeping of documents. SCHEDULE Forms FORM 1: Notice of Claim. FORM 2: Reply. FORM 3: Counter-claim Reply. FORM 4: Notice of Hearing. FORM 5: Summons to Witness. FORM 6: Order of Escort. 7 8 ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES [ S.L. 604.01 REGISTRY FILE NUMBER Form 1 LOCATION NOTICE OF CLAIM IN THE ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES FROM CLAIMANT Fill in the name, address and telephone of the person(s) making the claim TO DEFENDANT Fill in the name, address and telephone number of the persons the claim is against NOTICE TO THE PARTY AGAINST WHOM THE CLAIM IS MADE Whoever is served with this notice of claim must within 10 days from the date of service file a reply. If he fails to do so, the Adjudicating Panel may then proceed to determine the dispute in his absence FOR OFFICE USE ONLY Adjudicating P a n e l s t a ff w i l l fill in this part AMOUNT CLAIMED € FILING FEES € SERVICE FEES € TOTAL € PARTICULARS OF THE CLAIM WHERE? WHEN? Te l l w h e r e t h i s happened Tell when this happened HOW MUCH? State how much is being claimed from the defendant € ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES STEP 1 C O M PL ET E th e NO TI C E OF CLAIM using a typewriter or writing clearly. Make sure that all the copies are legible. STEP 2 FILE the NOTICE OF CLAIM by taking it to the Adjudicating Panel Registry. You must pay a filing fee, which depends on the amount you are claiming and a service fee. The staff will check the form and when it is accepted for filing, apply the registry stamp, add on filing and service fees and assign a file number. The Registrar will then proceed to serve on your behalf the defendant with a copy of the Notice of Claim. STEP 3 WHAT HAPPENS AFTER If the defendant files a reply, yo u wi ll b e ser ved with a copy of the reply. [ S.L. 604.01 FROM You must be sure that the address that you give is correct because this is where the Registry will send you any further notices or information. If your address changes at any time please notify the Registry immediately. TO B e su r e t h a t y o u h a v e t h e co r r e c t address of defendant. If there is more than one defendant put the name of each defendant (side by side) in the space provided. In such a case however make sure that the claim is a result of the same transaction. WHAT HAPPENED? You do not need to tell everything about your case here. You must tell just enough to let defendant know what the case is all about. Keep your description brief. You will have a full opportunity to present all the facts during the trial. WHERE? A Notice of Claim must be filed in the Registry of the Adjudicating Panel where the transaction, to which the claim refers, took place. HOW MUCH? You must here state the amount of your money claim. The said amount cannot exceed five thousand euro (€5,000). 9 10 ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES [ S.L. 604.01 PARTICULARS OF THE CLAIM - continued LIST YOUR Name and address of persons you intend to WITNESSES IN THIS call as witness PART WHAT HAPPENED? AT TACH E XTRA SHEETS IF SPACE IS INSUFFICIENT Say what is being claimed, stating briefly the facts that led to the dispute signature of claimant date ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES [ S.L. 604.01 REGISTRY FILE NUMBER Form 2 LOCATION REPLY IN THE ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES TO CLAIMANT Fill in the name, address and telephone number of the person making the claim against you FROM DEFENDANT Fill in the name, address and telephone number of the defendant filing this reply NOTICE TO DEFENDANT If with your reply you want to make a counter-claim then you should complete the part of this form entitled "Reply with Counter-claim". WHERE DEFENDANT THINKS SOMEONE ELSE SHOULD PAY THE CLAIM If you think that someone else should pay the claim, whether in full or in part, you should indicate such other party and serve him with a copy of the claim made against you, your reply, a notice to a third party form and a blank reply form. Adjudicating FOR OFFICE USE Panel staff will ONLY fill in this part AMOUNT *Amount CLAIMED* claimed is only FILING FEES applicable if you as a defendant SERVICE FEES are also making a TOTAL counter-claim together with this reply € € € € 11 12 [ S.L. 604.01 ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES STEP 1 C O M P L E T E t h e R E P LY using a typewriter or writing clearly. Make sure that all the copies are legible. STEP 2 FILE the REPLY by taking it to the Adjudicating Panel for Private Residential Leases where the NOTICE OF CLAIM against you was filed. The staff will check your form and if it is in order, accept it for filing. The REPLY must be filed within the 10 days from when you are served with the NOTICE OF CLAIM. STEP 3 Where defendant thinks that someone else should pay the claim, he should fill that part of the form which concerns a third party. FROM This is where you identify the party w h o i s f i l i n g t h i s R e p l y. G i v e a n address where notices and other information about the dispute can be sent to you. If this address changes at any time be sure to inform the Adjudicating Panel Registrar. DISPUTE You do not need to tell everything about your case here. You must tell just enough to indicate to the claimant and to the Adjudicating Panel what parts of the claim you dispute and why. If there is anything in the Notice of Claim with which you agree, be sure to include that in your reply. COUNTERCLAIM If you want to make a counter-claim that is a claim against the claimant, then together with your reply you must also complete that part of the form entitled "Reply with Counter-claim" f o l lo w i n g t h e i n s t r u c ti o n s o n t h i s form. To make a counter-claim your own claim must be connected to or related to the claim that the claimant has made against you. ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES [ S.L. 604.01 PARTICULARS OF YOUR REPLY LIST YOUR Name and address of whom you intend to call W I T N E S S E S I N as witness THIS PART DISPUTE ATTACH SEPARATE SHEETS IF SPACE IS NOT ENOUGH State if you are disputing the claim being made. If you are then explain with what you disagree and why Defendant’s signature date 13 14 ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES [ S.L. 604.01 REPLY WITH COUNTERCLAIM If defendant wishes to make a counter-claim, the following part should also be filled. WHERE? WHEN? Te l l w h e r e t h i s happened Tell when this happened HOW MUCH? State how much is being claimed from the defendant € PARTICULARS OF THE COUNTERCLAIM LIST YOUR WITNESSES IN THIS PART W H AT HAPPENED? Name and address of person you intend to call as witnesses Attach extra sheets if space is insufficient Say what is being claimed, stating briefly the facts that led to the dispute Signature of defendant Date ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES [ S.L. 604.01 REGISTRY FILE NUMBER Form 3 LOCATION COUNTERCLAIM REPLY IN THE ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES TO DEFENDANT Fill in the name, address and telephone number of the person making the claim against you FROM CLAIMANT Fill in the name, address and telephone number of the defendant filing this reply My reply to your counter-claim is that State reasons Adjudicating FOR OFFICE USE Panel staff wi ll ONLY fill in this part AMOUNT *Amount CLAIMED* claimed is only FILING FEES applicable if you as a defendant SERVICE FEES are also making a TOTAL counter-claim together with this reply € € € € 15 16 [ S.L. 604.01 ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES STEP 1 COMPLETE the C O U N E R C L A I M R E P LY using a typewriter or writing clearly. Make sure that all the copies are legible. STEP 2 FILE the COUNERCLAIM REPLY by taking it to the Adjudicating Panel for Private Residential Leases where you filed the NOTICE OF CLAIM. The staff will check your form and if it is in order, accept it for filing. The C O U N E R C L A I M R E P LY must be filed within the 10 days from when you are served with the counterclaim. FROM This is where you identify the party w h o i s f i l i n g t h i s R e p l y. G i v e a n address where notices and other information about the dispute can be sent to you. If this address changes at any time be sure to inform the Adjudicating Panel Registrar. DISPUTE You do not need to tell everything about your case here. ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES [ S.L. 604.01 PARTICULARS OF YOUR COUNTERCLAIM REPLY LIST YOUR Name and address of whom you intend to call as WITNESSES I N witness THIS PART DISPUTE ATTACH SEPARATE SHEETS IF SPACE IS NOT ENOUGH State if you are di sputing the cla im being made. If you are then explain with what you disagree and why Defendant’s signature date 17 18 [ S.L. 604.01 ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES REGISTRY FILE NUMBER Form 4 LOCATION NOTICE OF HEARING IN THE ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES TO CLAIMANT AND DEFENDANT You are informed that the hearing of your claim will take place before an Adjudicator of the Adjudicating Panel for Private Residential Leases: on date time at address where the hearing will be held signature of Adjudicating Panel Registrar date NOTICE OF HEARING AT TEND for t he he ari ng at le ast t en mi nutes before the appointed time. Make sure that you are fully prepared, since this will be your only opportunity to state your case and submit your evidence to the Adjudicating Panel. BEAR IN MIND these points 1) BRING all the documents that are relevant to the case such as receipts, correspondence or agreements. 2) MAKE SURE that any witnesses whose evidence you need arrive early. If a witness is not prepared to attend voluntarily, then you should apply to the Adjudicating Panel for the issue of a Summons to Witness (Form 7). The summons is an order of the Adjudicating Panel telling the witness to attend for the hearing. 3) PREPARE what you are going to say beforehand. Go over all the facts in chronological order. You may during the hearing refer to any notes you may have prepared beforehand. ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES [ S.L. 604.01 REGISTRY FILE NUMBER Form 5 LOCATION SUMMONS TO WITNESS IN THE ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES In the case between: Fill in the names of the parties to the claim copying them from the Notice of Claim CLAIMANT AND DEFENDANT TO Fill in the name and address of the person you want to attend the Adjudicating Panel WITNESS Name of party who requires witness APPLICANT WHEN AND WHERE Witness is required to attend before the Adjudicating Panel for Private Residential Leases Fill in the place, date and time of the hearing on date at at time full address of the place where witness must attend WHY IS THE WITNESS BEING SUMMONED St a t e b r i e f l y t o y o u r witness why you need his evidence Witness is required to bring these documents and other things If you want the witness to bring to the hearing any documents or other things list them here Sign and date your summons signature of party applying for summons date 19 20 ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES [ S.L. 604.01 This part will be completed by the Adjudicating Panel For office use only DECREE BY ADJUDICATOR After having considered this application for a summons to witness, I hereby authorise the issue of this summons and order witness to appear at the place, time and date as aforesaid and to bring any of the documents or things as required in this summons signature of Adjudicator date NOTICE TO WITNESS Once you have received a notice of summons duly authorised by the Adjudicating Panel, you must then attend for the Adjudicating Panel hearing at the time and place indicated in this summons and bring with you any documents or other things required from you in the summons. SUMMONS TO WITNESS You do not need to ask the Adjudicating Panel to issue a Summons to Witness, if witness is prepared to attend voluntarily. COMPLETE the Summons to Witness following the instructions on the form. Be sure to type or write clearly and that all copies are legible. FILE the Summons to Witness by taking it to the Adjudicating Panel Registry. The Staff will check if the form has been completed correctly. They will then apply the registry stamp and proceed with the service of the summons. If you want the witness to bring any specific documents (for example invoices) be sure to list them in your summons. REMEMBER to file the summons in good time before the date of the hearing when you want the witness to attend. If a witness who is notified with the summons fails to attend the Adjudicator may then issue an Order of Escort against him. REGISTRY FILE NUMBER Form 6 LOCATION ORDER OF ESCORT IN THE ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL ADJUDICATING PANEL FOR PRIVATE RESIDENTIAL LEASES [ S.L. 604.01 LEASES In the case between: CLAIMANT AND DEFENDANT TO Officer executing order of arrest Whereas the witness ............................................................................ .............. ............................................................................ .............. ............................................................................ .............. full name and address of witness was served with a Summons to Witness at the hearing of this claim and the said witness failed to obey the summons, and I am satisfied that the evidence of the witness is material to this claim, YOU ARE THEREFORE ORDERED TO ESCORT AND BRING THE WITNESS BEFORE THIS ADJUDICATING PANEL on date time at address where the trial is to be held signature of Adjudicator date 21