Return of house on 25-year emphyteusis

Sometime before June 1979, a reader granted a house he owns by title of temporary emphyteusis for 25 years to a citizen of Malta, who occupied the house as his ordinary residence. In the deed of emphyteusis, reader imposed the condition that, on the termination of this emphyteutical period, the emphyteuta is to release possession of the house to reader.

Reader asks whether he is entitled, at the end of this 25-year period, to evict the emphyteuta and take back possession of the house or whether, failing that, he is, at least, entitled to increase the ground rent?

Notwithstanding the condition in the deed of emphyteusis specifically empowering reader to repossess the house, on the expiration of the 25-year period, the emphyteuta is nevertheless entitled to continue in occupation of the house under a lease from the reader.

The rent payable by the emphyteuta, now turned tenant, to reader would be equal to the ground rent payable immediately before the expiration of the emphyteusis. However, at the beginning of the leasehold, and later on after the lapse of every subsequent 15 years during the continuance of the lease, reader is entitled to increase the rent payable to him by an amount which represents, in proportion to the original ground rent, the increase in inflation since the time the ground rent to be increased was last established.

However, it appears, that in no case is reader entitled to increase the rent by an amount which exceeds the original ground rent.

Send your legal problems, of general public interest, together with your name and address, to: The Lawyer, c/o The Sunday Times, PO Box 328, Valletta CMR 01 (fax 2124-0806).