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Cap. 604 · Private Residential Leases Act (Cap. 604)

Cap. 604 Art. 23Establishment of the Adjudicating Panel for private residential leases. 

PART IV

In KraftAmtlicher Text

(1) There shall be an Adjudicating Panel for private residential leases, hereinafter referred to as the "Adjudicating Panel".

(2) The Adjudicating Panel shall have the exclusive jurisdiction to decide any disputes relating to private residential leases to which the Act applies, provided that any monetary claims shall not exceed five thousand euro (€5,000), and which involve:

(a) matters referred to in articles 1540, 1541, 1542,

1543, 1545, 1546, 1548, 1556, 1559, 1561, 1562, 1563 u 1564

of the Civil Code provided that these claims do not involve the termination of the lease; and

(b) any dispute relating to:

(i) the retention or reimbursement of any amount which is left by means of a security deposit as stipulated in article 6(f);

(ii) rental and utility arrears, including those related to water and electricity consumption;

(iii) compensation for the occupation by the lessee of the dwelling house let beyond the date of expiry of the agreement, provided that these claims do not involve a claim for the termination of the lease;

(iv) compensation for the loss of earnings borne by the lessor due to the dwelling house not being occupied in the period stipulated in article 11(1);

(v) matters referred to in article 17, provided that the dispute is exclusively between the lessor and the lessee, including claims made to the lessor to recognise the number of persons living in a dwelling house and providing access to the details of the account to the lessee;

(vi) expenses relating to the ordinary maintenance of the common parts of the condominium, and;

(vii) damages deriving from any other breach of the provisions of this Act;

(c) disputes relating to any amount which is left by means of a security deposit, in the case of occupation without title in accordance with article 19, if the person who would have permitted such occupation without title and who would have retained such amount, would have admitted his guilt to the offence according to article 20 or would have been found guilty of an offence by the courts of criminal judicature according to article 22:

Provided that a demand made in accordance with paragraphs (a) and (b) may also be included in other claims or pleas made before the Board, in any action affecting private residential leases, over which the Adjudicating Panel has no jurisdiction, including where the claim is made for the termination of the lease or the eviction of any person from the lease:

Provided further that the Adjudicating Panel shall only hear claims relative to registered agreements.

Änderungsgeschichte
  • Amended by XX.2024.22