Repairs in a rented home in Malta: who pays
Who pays for a repair in a rented home in Malta is decided mainly by the Civil Code (Cap. 16), articles 1539 to 1565, read with the Private Residential Leases Act (Cap. 604). The landlord must hand over the property in a good state of repair, keep it fit for the use for which it was let and carry out structural repairs, meaning those relating to the structure of the building itself, including the ceilings (articles 1539–1540). The tenant of an urban tenement is responsible for all other repairs unless the landlord has expressly taken them on (article 1556), but never for damage caused by force majeure without his fault (article 1557).
On top of that, the landlord warrants the property against defects that prevent or reduce its use, even if they arise after the contract (article 1545), and a lease clause that removes this warranty without equivalent consideration has no effect (article 7(1)(c) of Cap. 604). Every property let as a residence must be fit for habitation (article 2 of Cap. 604).
This guide explains how to report a defect, how to make the landlord act through a judicial letter and the Adjudicating Panel, when you may carry out urgent repairs yourself and keep the rent, and when a defect justifies a rent reduction or ending the lease.
Key facts
Deadline
Report damage to the landlord without delay (article 1565 of the Civil Code); urgent repairs may be done at once at the landlord's expense with a prompt expert report (article 1543); if repair works deprive you of part of the home for more than forty days, the rent is abated (article 1548(2)); the other side has ten days to reply to a claim before the Adjudicating Panel (article 26 of Cap. 604).
What to do
Work out whether the repair is structural or not. Structural repairs, those relating to the structure of the building itself including the ceilings, are the landlord's (article 1540(2)–(3) of the Civil Code). Cracks in walls or ceilings, water penetrating through the roof or walls, falling plaster from a ceiling and failing load-bearing elements are typical examples. The tenant of an urban tenement carries out all repairs other than structural ones, unless the landlord has expressly agreed to do them (article 1556).
Two exceptions protect the tenant: damage due to force majeure without his fault is never his responsibility (article 1557), and faults or defects that prevent or diminish the use of the property fall under the landlord's warranty (article 1545). The cleaning of cisterns, sinks, cesspits and chimneys is always the tenant's (article 1558).
Read the lease and the inventory. Many contracts allocate maintenance of appliances, air-conditioners or the water heater to one party. Such clauses are valid, but a clause exempting the landlord from his warranty under articles 1545 and 1546 of the Civil Code without equivalent consideration is without effect (article 7(1)(c) of Cap. 604). A clause limiting the ordinary use of the home is also without effect (article 7(1)(g)).
Compare the defect with the inventory signed at the start of the lease (article 6(1)(g)). If the problem was already there and recorded, it is easier to show that it is not your fault; if the inventory shows the item in good condition, the landlord will argue that you caused the damage (articles 1559 and 1561).
Report the problem in writing and without delay. The tenant must notify the landlord without delay of any encroachment or damage affecting the property, or pay damages (article 1565). Send an e-mail or message with dated photographs or a video, describe when the problem began and ask for a date for the repair. Keep the reply.
Allow access for the inspection and the works. The landlord has a right of access at times and in a manner agreed with you, to fulfil his duties and check the property (article 1548A); if you cannot agree, the Rent Regulation Board may fix days and times. Refusing reasonable access weakens any later claim for damages caused by the delay.
If nothing happens, send a judicial letter. The formal step is to require the landlord to carry out the repairs by a judicial act, normally a judicial letter filed in the court registry and served by a court officer. If he still fails to act, you may apply to the Adjudicating Panel for Private Residential Leases or the Rent Regulation Board for authorisation to carry out the repairs at his expense (article 1541(1) of the Civil Code).
Once authorised, you may keep the rent due to recover the cost, and claim any excess (article 1541(2)). The landlord also owes you damages caused by his delay after the judicial letter (article 1542), for example damaged furniture or alternative accommodation.
Deal with urgent repairs at once. Where the omission or delay of a repair might cause you serious prejudice, such as a burst pipe, a dangerous electrical fault or water entering through the roof, you may carry out the urgent repair at the landlord's expense without any proceedings and retain the rent to recover the cost (article 1543).
You must inform the landlord as soon as possible and give him a report by an expert stating why the repair was urgent, its estimated cost and the prejudice that delay would have caused; the landlord may take over the works himself (article 1543, provisos). Use a qualified tradesman, keep invoices and ask a perit or licensed electrician or plumber for the written report.
Ask for a rent reduction or termination if the defect is serious. Where faults or defects prevent or diminish the use of the property, you may demand either the dissolution of the lease or an abatement of the rent (article 1545(1)), and you are entitled to damages for latent defects the landlord knew or suspected and did not disclose (article 1546). The landlord is not liable for apparent defects you could have discovered when signing (article 1545(3)).
If the landlord fails to carry out repairs within the time fixed by the Board or the court and the omission prevents or considerably lessens your enjoyment of the home, you may demand dissolution with damages (article 1544). If works make the part of the home needed for your family uninhabitable, you may seek dissolution (article 1549).
Put up with urgent works, but claim an abatement if they last. During the lease the tenant must suffer urgent repairs that cannot wait until the end, even if they cause inconvenience or take away part of the home (article 1548(1)). If the works take more than forty days, the rent is abated in proportion to the time and the part of the property you lost (article 1548(2)).
The landlord may not change the form of the property during the lease without your consent (article 1547). Major refurbishment that changes the layout is therefore not something you must accept as a repair; agree it in writing, including any rent reduction during the works.
Know your own obligations. You must use the property as a bonus paterfamilias (article 1554), carry out non-structural repairs properly, and you are liable for deterioration or damage during your occupation unless you prove it occurred without your fault, including damage caused by members of your family, guests or sub-tenants (articles 1561 and 1563). If you do not carry out your repairs properly, the landlord may ask the Rent Regulation Board to authorise him to do them at your expense (article 1556).
Do not alter the property without consent: you cannot claim the value of improvements made without the landlord's consent, though you may remove them if you restore the property (article 1564). Fire damage is presumed to be your responsibility unless you prove otherwise (article 1562).
File a claim before the Adjudicating Panel. Disputes under a registered lease about the matters in articles 1540 to 1546, 1548 and 1556 of the Civil Code, up to €5,000 and not involving termination, fall within the exclusive jurisdiction of the Adjudicating Panel (article 23(2)(a) of Cap. 604). The Panel may take expert advice and require access to the premises (article 28), the other side replies within ten days and the decision is due within five working days of the last submission (articles 26–27).
Claims combined with termination of the lease, or above €5,000, go to the Rent Regulation Board, which may refer technical questions to two members of its Panel of Architects and Civil Engineers (article 23 of Cap. 69). Appeals lie on a point of law within twenty days.
What to watch out for
- Withholding rent without following article 1541 or 1543. Retaining rent is lawful only after authorisation or for documented urgent repairs; otherwise it is arrears.
- Carrying out an urgent repair without telling the landlord or without an expert report on urgency and cost (article 1543).
- Reporting a leak months after it started. Late notice can make you liable for the extra damage (article 1565).
- Signing a lease that puts every repair on the tenant, including defects in the structure. A clause excluding the warranty in articles 1545–1546 without equivalent consideration has no effect, but you will still have to argue it.
- Assuming every repair is the landlord's. Non-structural repairs are the tenant's unless the contract says otherwise (article 1556).
- Throwing away the damaged item or repairing before taking photographs; evidence of the defect is what the Panel will examine.
- Refusing reasonable access for inspections and works, which undermines a later claim for damages for delay.
Legal basis
Frequently asked questions
Who is responsible for repairs in a rented property in Malta?
The landlord carries out structural repairs, those relating to the structure of the building including the ceilings (article 1540 of the Civil Code). The tenant of an urban tenement does all other repairs unless the landlord has expressly agreed to them (article 1556), but is never liable for damage caused by force majeure without fault (article 1557).
My landlord won't fix a leak. What can I do?
Report it in writing with photographs, then require the repair by a judicial letter. If the landlord still fails to act, apply to the Adjudicating Panel or the Rent Regulation Board for authorisation to repair at his expense and recover the cost from the rent (article 1541 of the Civil Code). If water is causing serious damage, treat it as an urgent repair.
Can I deduct repair costs from the rent in Malta?
Yes, in two cases: after authorisation by the Panel, the Board or the court following a judicial letter (article 1541(2) of the Civil Code), and for urgent repairs whose delay would cause you serious prejudice, provided you inform the landlord promptly and give him an expert report on urgency and cost (article 1543).
What counts as a structural repair?
Article 1540(3) of the Civil Code defines structural repairs for urban, residential and commercial tenements as those relating to the structure of the building itself, including the ceilings. Repairs to fittings, finishes, appliances and installations are generally non-structural and fall on the tenant under article 1556, unless the lease says otherwise.
Can I get a rent reduction because of mould or defects?
Where faults or defects prevent or diminish the use of the property, the tenant may demand an abatement of the rent or the dissolution of the lease (article 1545 of the Civil Code), even if the defect arose after signing. Apparent defects you could have seen when signing are excluded. Claims up to €5,000 go to the Adjudicating Panel.
Do I have to let the landlord in to do repairs?
Yes. You must suffer urgent repairs during the lease (article 1548), and the landlord has a right of access at times agreed with you (article 1548A of the Civil Code). If you cannot agree, the Rent Regulation Board may fix days and times, taking your privacy into account. Works lasting over forty days entitle you to a proportionate rent reduction.
Is the tenant responsible for broken appliances?
It depends on the cause and the contract. Repairs other than structural ones are the tenant's under article 1556 unless the landlord took them on, but a defect that already existed or results from age is not damage caused by your fault (articles 1557, 1559 and 1561). Check the inventory and any maintenance clause in the lease.
Can a lease make the tenant responsible for all repairs?
The parties may agree how ordinary repairs are allocated, but a clause exempting the landlord from his warranty against defects under articles 1545 and 1546 of the Civil Code without equivalent consideration is without effect (article 7(1)(c) of Cap. 604). Every residence let must in any case be fit for habitation (article 2).
Where do I file a complaint about repairs against my landlord?
Before the Adjudicating Panel for Private Residential Leases, which has exclusive jurisdiction over repair and defect disputes under articles 1540 to 1546, 1548 and 1556 of the Civil Code up to €5,000, if the lease is registered and termination is not sought (article 23(2)(a) of Cap. 604). Otherwise the Rent Regulation Board is competent.
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