The owners of the building housing the Labour Party Club in the heart of Valletta have instituted court proceedings seeking eviction of the tenants and compensation for a breach of rights suffered through the forced lease.
In an application filed on Wednesday before the First Hall, Civil Court in its constitutional jurisdiction, the owners - a group of several families - explained that the premises on Republic Street had been altered by the tenants without their consent, changing the nature of the premises.
In terms of the current legal regime regulating such protected leases, the owners are bound to renew the rent and cannot regain possession of the property. The real rental value of the property was also much higher than that to which the owners are entitled to at law, the applicants said.
In light of such considerations, they argued that there is no fair balance between the interests of the owners and the general interest. Protection of tenants under the current legal regime signifies that the fundamental rights of owners are trampled upon.
Consequently, their right to peaceful enjoyment of their property in terms of Article 1 Protocol 1 of the European Convention on Human Rights has been breached, argued the applicants.
They called upon the court to declare a breach of their rights and to award them compensation for pecuniary and non-pecuniary damages.
Moreover, they requested the court to order eviction, citing a similar case concerning the Naxxar Lions Football Club where the court had declared that the tenants could no longer rely on the current laws to retain possession of the premises at Victory Square, Naxxar.
The case was filed against the State Advocate, the Labour Party and the Valletta PL committee.
Lawyers Jason Azzopardi and Kris Busietta signed the application.