[ S.L.69.02 FEES OF THE RENT REGULATION BOARD 1 SUBSIDIARY LEGISLATION 69.02 FEES OF THE RENT REGULATION BOARD REGULATIONS 1st October, 1993 LEGAL NOTICE 155 of 1996, as amended by Legal Notices 141 and 198 of 2000, and 408 of 2007; and Act XIII of 2015. 1. The title of these regulations is Fees of the Rent Regulation Board Regulations. Title. 2. There shall be payable to an advocate or legal procurator for any proceedings before the Rent Regulation Board - Fees payable to advocates and legal procurators for proceedings before the Rent Regulation Board. Amended by: L.N. 408 of 2007. Cap. 116. (
- a)in the case of assessment of rent (
- i)in respect of a dwelling-house let as unfurnished which is an old house within the meaning of article 2 of the Rent Restriction (Dwelling Houses) Ordinance, and in which no structural alteration and/or addition has been made after the 1st day of April, 1939, a fee of two euros and thirty-three cents (2.33); (
- ii)in respect of any other tenement, a fee equal to one month’s rent or a fee of four euros and sixtysix cents (4.66), whichever shall be the greater amount; (
- b)in any case for the resuming of possession of premises, a fee equal to one month’s rent or a fee of eleven euros and sixty-five cents (11.65), whichever shall be the greater amount; (
- c)in respect of any act filed before the said Board, not being an application filed in accordance with articles 7, 8, 14 or 41, or a reply filed in accordance with article 29, a fee chargeable in accordance with Tariff E of Schedule A annexed to the Code or Organization and Civil Procedure. Cap. 12. 3. The registry fees established in the Tariff annexed to these regulations shall be paid together with the filing of the relative act of procedure. Registry fees. Added by: L.N. 141 of 2000. TARIFF Added by: L.N. 141 of 2000. Amended by: L.N. 198 of 2000. Substituted by: L.N. 408 of 2007; XIII. 2015.32. Registry fees payable in the Rent Regulation Board 1 For the filing of any claim ......................................... €40.00 2 For the filing of any reply .......................................... €25.00 3 For the filing of any application of appeal ................. €80.00 2 [ S.L.69.02 FEES OF THE RENT REGULATION BOARD 4 For the filing of an answer to an application of appeal ........................................................................ €50.00 5 The fees established in paragraphs 1 to 4 of this Tariff shall include the filing of all other acts of procedure and services (including but not limited to filing of warrants for the examination of witnesses, the examination itself, recording fees, transcriptions and copies, the services of judicial assistants, decrees and declarations prior to definitive judgement, taxed bill of costs and copies of the judgement) required following the initiation of the cause through the said act up to and including final judgement but excluding any fees due for notification of the acts of procedure or any fees due to referees or experts appointed by the Board or any fees which the Board may be required to pay to third parties. 6
(1)No fee shall be levied for the filing of any note of admission of a claim provided that the claim is admitted in full and unconditionally before any contestation thereon.
(2)Any counter-claim contained in any act of procedure shall be treated as if it is a new claim and the fees set out in paragraphs 1 to 4 shall be levied on the counter claim and the reply thereto.
(3)The fees stated in paragraphs 1 to 4 shall also be due on the filing of any application to the Board to be permitted to file any statement of defence, answer or other act of procedure filed in reply to a claim and intended to contest, whether totally or partially, a claim made. 7
(1)For every notification of an act of procedure, including expenses incurred in the execution of such notification, the following fees shall be due, for each notification: (
- i)registry fee ........................................... €6.00 (
- ii)fee due to the executive officer effecting the service ............................................. €1.20 Provided that if service is to be effected outside normal working hours, the fees contained in this paragraph shall be increased by 100%.
(2)Notwithstanding anything contained in this Tariff if the service of any act is to be executed personally by an executive officer of the Board, in cases where the law permits that service be effected otherwise, the following additional fees shall be due: (
- i)registry fee ............................................ €25.00 (
- ii)fee due to the executive officer effecting the service ............................................. €7.00
(3)The fees established in sub-paragraph
(2)shall not apply when service is to be effected personally by an executive officer of the Board in terms of any law, and in such cases the fees established in subparagraph
(1)of this paragraph shall apply. [ S.L.69.02 FEES OF THE RENT REGULATION BOARD 8 For any other act of procedure indicated in the Reletting of Urban Property (Regulation) Ordinance but for which no fee is established in this Tariff ........ €15.00 Provided that fees for services not specifically provided for in this Tariff but provided for in other Tariffs contained in the Code of Organization and Civil Procedure shall be taxed according to those Tariffs. 9 For the opening of the registry outside working hours: (i) registry fee ............................................ €120.00 (ii) fee due to attending deputy registrar ...... €50.00 (iii) fee due to each executive officer required to effect service ....................... €35.00 10
(1)The Board may, when delivering judgement, order that the plaintiff or defendant in a cause pay increased costs to the Registrar of Courts of not less than €232.94 and not more than €582.34 if the Board deems that the act of procedure initiating the claim or the act of procedure in reply was frivolous or vexatious or that either of the parties has unnecessarily prolonged the proceedings and in such case such sum will not be recoverable from the other party. No appeal shall lie from the decision of the Board.
(2)The Board may, when delivering judgement, also refer to the Commission for the Administration of Justice the advocate of the plaintiff or of the defendant if the Board deems that the advocate is responsible, wholly or partly, for the frivolous or vexatious act of procedure or for prolonging the proceedings. No appeal shall lie from the decision of the Board. 11
(1)All fees due shall be paid together with the filing of the relative act and the Registrar shall not accept for filing any act of procedure, which is not accompanied by the relative fee.
(2)The assessment of the Registrar on the amount of fees to be paid shall be final.
(3)In assessing the fees laid down in this Tariff no account shall be taken of any fraction of €2.33. 12
(1)The Registrar shall cause a taxed bill of costs to be kept in the file of each cause and shall immediately enter therein all payments made to the Registrar and all payments due to the advocates and legal procurators of the parties and the parties and their advocates and legal procurators shall have the right to a copy thereof at any time.
(2)Within one month of the delivery of the definitive judgement, the Registrar shall cause a final taxed bill of costs to be drawn up. 3