The nephew and heir of Times of Malta founder Mabel Strickland has been awarded €85,000 in compensation after a constitutional court found that the old rent laws breached his rights to the enjoyment of an inherited Valletta property.

Chief Justice Mark Chetcuti, presiding over the First Hall of the Civil Court in its constitutional jurisdiction, ruled that Robert Hornyold-Strickland’s human rights have been violated. 

Hornyold-Strickland inherited his aunt’s estate after she died in November 1988, including an apartment in Merchants Street which was being rented out to Ciantar Brothers Limited for the last 40 years for a measly €186.35 a year. 

A court-appointed architect testified that the apartment, in such a strategic place, had a potential annual rental income of €18,000. 

Chief Justice Chetcuti noted that the substantial difference in this rental income and the automatic renewal of the rent against the owner’s will was infringing his fundamental rights and the free enjoyment of his property, as guaranteed by the European Convention on Human Rights.

The court ruled that Hornyold-Strickland was being deprived of his property without being given fair compensation.

It noted that the property had been returned to its owner last September, while the case was underway, so the case against Ciantar Brothers was dropped and the case continued against the State Advocate. 

The rent regulations were intended to preserve the economic viability of commercial enterprises in the interest of both the enterprises and the consumer, the judge noted.

"Although the interference with the applicant's property, in this case, was not for social assistance or for the purpose of residential accommodation, the court considered that was still legitimate in the general interest, in order to help commercial enterprises and consequently the economy of the country in general,” the court said in its judgment.

However, a fair balance had to be struck between the demands of the general interest of the community and the requirements of the protection of the individual’s fundamental rights. This balance was missing. 

The court observed that the applicant should have earned €259,000 in rent but had only received €8,000 since the property was rented in 1987.

Given this disproportion, the court ordered the State Advocate to pay Hornyold-Strickland €80,000 in pecuniary compensation and €5,000 in moral damages.