Cap. 398 Art. 31Transitory provisions.

(1) The provisions of articles 2, 4, 5, 6, 8, 9, 10 and

22(7)(d) shall apply also to condominia existing before the coming into force of this Act.

(2) Without prejudice to the provisions of subarticle (1), the provisions of this Act shall apply also to condominia existing before the coming into force of this Act as provided in the following subarticles.

(3) Without prejudice to the provisions of subarticles (5) and (6), where in a condominium existing before the coming into force of the Housing Laws Amendment Act, 1995 and in which one or more of the separate units was before the coming into force of that Act subject to a lease, the provisions of this Act, other than the provisions referred to in subarticle (1) shall not apply to the whole condominium for as long as the lease subsists or until the landlord and the tenant or the dominus and the emphyteuta, as the case may be, do not otherwise agree by a public deed, to be registered in the Public Registry or the Land Registry, as the case may be, wherein the relationship between the landlord and the tenant, or the dominus and the emphyteuta, as the case may be, are regulated:

Provided that any agreement regulating the relationship between the landlord and tenant, or the dominus and the emphyteuta, as the case may be, entered into after the coming into force of the Housing Laws Amendment Act, 1995 and before the coming into force of this Act shall continue to have effect even if such agreement was not made by a public deed as aforesaid and in such a case the provisions of this Act shall apply to the condominium.

(5) Without prejudice to the provisions of subarticle (6), in the case of condominia existing before the coming into force of this Act and in which the lease to which the separate units were subject were new lettings or new emphyteusis entered into after the coming into force of the Housing Laws Amendment Act, 1995 (as defined in the applicable provisions of that Act), the provisions of this Act shall apply and the obligations and rights of a condominus in this Act shall be incumbent on and shall be exercisable by the landlord or the emphyteuta, unless it is not otherwise agreed by the landlord and the tenant or the dominus and the emphyteuta, by a public deed which is to be registered in the Public Registry or the Land Registry as the case may be: Provided that any agreement regulating the relationship between the landlord and the tenant or the dominus and the emphyteuta, as the case may be, with respect to the obligations and rights of a condominus, entered into after the coming into force of the Housing Laws Amendment Act, 1995 and before the coming into force of this Act shall continue to have effect even if such agreement was not made by a public deed as aforesaid.

(6) The provisions of this Act shall not apply to condominia where any of the separate units are Government property, until the Minister responsible for housing makes an Order stating that they shall be so applicable, and such an Order may provide for particular condominia or categories of condominia and also for the relations between the Government as a landlord and the tenants: Provided that nothing in this subarticle shall be understood as authorising the Minister to make an Order having the effect of amending any of the provisions of this Act:

Provided further that the Minister responsible for housing may grant permission to erect or install the facilities mentioned in article 8(5) and (7) in blocks of buildings wholly or partially owned by the Government; and such permission shall not render such building a condominium.