Farmer wins right to not pay increased rent

A court has declared that although landowners have a right to enjoy property held under protected leases, the State has a “very wide discretion” to maintain the agricultural sector and prevent its collapse.

This observation was made in a case filed by the owner of a parcel of land in the limits of Żurrieq and Qrendi, known as ‘il-Bur ta’ Ħallew’ which had been leased to a farming family long before the applicant acquired the land by title of donation from her uncle in 1982.

The annual rent currently payable on the land, measuring some 2,910 metres square, is €12 every two years.

However, following disagreement about an increase in rent, the last payment was deposited in the court registry, while the owner instituted proceedings before the First Hall, Civil Court in its constitutional jurisdiction.

The applicant claimed that the current situation breached her fundamental property rights since the current legal scenario in terms of the Agricultural Leases (Reletting) Act made it practically impossible for the owner to claim back possession of the land. 

The court was requested to declare the breach of rights and to provide adequate remedies, as well as compensation. 

But when...