Landlords owed a fair deal

Over the last five decades, different administrations have introduced laws to protect the interests of tenants, many of who would otherwise find it difficult to cope with rising rental costs. However, the right of landlords to get a fair return on their property has been ignored by legislators. The State has consistently failed to safeguard property owners’ rights.

The First Hall of the Civil Court, in its constitutional jurisdiction, has acknowledged the unfairness inherent in the government’s inertia when it comes to updating the relevant legislation. In a landmark ruling it pronounced that owners of property leased to tenants before 1995 “had no real hope of gaining effective possession of the premises nor real income” as the tenants’ children held a right to succeed in the enjoyment of the lease.

The court went further. In a specific case it awarded the owners of rented property €20,000 by way of damages payable by the Attorney General. Even more importantly, it ordered the tenants to no longer rely on the law, which was declared unconstitutional, to retain their hold on the premises.

The implications of this decision are onerous. No administration should wait for the courts...