The owners of a property which was rented to a band club have been awarded €190,000 in compensation, after a court ruled that laws governing the rentals of clubs violated the owners' human rights.

The court heard how the owners' predecessors had leased a large townhouse to the Maria Mater Gratiae band club of Żabbar in 1926, before laws protecting tenants from eviction were introduced.

Following the promulgation of this law, the band club was considered a protected tenant and had remained so protected despite the recent amendments to the laws governing rentals.

According to the owners, the property was worth €885,000 and had a rental value of €28,763 per year. But the band club, as a result of the provisions of the rent laws, was only paying €279.52 by way of annual rent.

In yesterday's judgement, judge Anthony Ellul said that the government was empowered to enact legislation for the greater good and that a band club performed a useful social function.

However, the owner of private property could not be expected to bear an excessive burden for the public good, the judge found. 

In this case, the band club was benefitting from what the court described as a ridiculous rent, when it had purchased another property for commercial use while occupying property belonging to the owners.

In conclusion, the court found in favour of the owners and declared that they were not obliged to renew the lease in favour of the band club. The government was ordered to pay the owners €190,000 in compensation.