Cap. 16 Art. 1607When right of preference of sitting tenant is not competent.

The right of preference granted under paragraph (a) of article 1594 to the lessee in the last preceding lease, in respect of the new lease of the same tenement, shall not be competent -

(a) if the lessee does not reside in Malta;

(b) if, at the time of the new lease, the lessee and his family are, and have been since two years or more, absent from Malta;

(c) if, in the case of an urban tenement, neither the lessee nor any member of his family dwells in the premises, or has dwelt therein during the last two years preceding the new lease, and the premises are mainly intended for habitation;

(d) if, previously to the new lease, the lessee has surrendered or has been compelled to surrender the tenement;

(e) if the lessee, during the preceding lease, was not punctual in the payment of the rent for two or more terms; For the purposes of this paragraph, the lessee shall not be deemed to have failed to be punctual, if the payment of the rent is not delayed for more than fifteen days from the day on which the lessor shall have, even verbally, demanded such payment;

(f) if the lessee has failed to perform or has contravened any of the other obligations arising from the contract of the last preceding lease; or has performed such obligation only when compelled to do so by the Rent Board;

(g) if the preceding lease was dissolved for any cause other than that of the expiration of the time for which it was to run;

(h) if the lessee, without the express consent of the lessor, has wholly sub-let the tenement or assigned the lease thereof, and the tenement, at the time of the new lease, is occupied by the sub-lessee or assignee, even though the lessee has not been restrained from sub-letting the tenement or assigning the lease thereof: Provided that where the sub-lease or assignment of the lease is in respect of a part of the tenement, the right of preference shall cease in respect of that part only; but the lessee shall also forfeit his right of preference in respect of the part not sub-let or the lease whereof is not assigned, if the lessor does not wish to let the several parts of the tenement separately and the lessee does not accept the new lease of the whole tenement on the same conditions offered by or agreed upon with others in respect of the whole tenement.