Imagine being a tenant going about your day, when suddenly you are faced with a €400 bill for water and energy that you did not consume yourself.

Up until last year, a tenant in that situation would have had to find a way to hash out the dispute with his landlord without any authorities to turn to.

As from this year, however, the Housing Authority has delivered on its promise to create a small claims court within its remit.

Active for the past few months, it has adjudicated 26 cases so far.

In the example mentioned above, thanks to the small claims court, the tenant was able to successfully prove that he had not consumed this volume of water.

As long as the contract is registered through the Housing Authority, the court can act as mediator as well as investigator for both parties.

Through the board’s investigation, it was determined that the lessee’s plumbing system was connected with a garage complex and the exorbitant bill was a result of multiple users racking up the same bill.

Chaired by Carlos Bugeja, the board is composed of four lawyers and an architect. Dealing with claims of up to €5,000, the authority’s court focuses on disputes related to maintenance, security deposits and bills.

A majority of the cases seen by the board so far were concluded prematurely because one of the two parties failed to present adequate documentation or failed to respond to summons.

Most of the disputes were instituted by landlords who wished to keep deposits due to unpaid fees or early vacating of premises. There were also claims for damages and unauthorised alterations to the household in question.

Active for the past few months, it has adjudicated 26 cases so far

All adjudicated cases can be viewed on the authority’s rent registration website, along with explanations as to why certain decisions were taken.

Other examples of claims include scenarios such as when a landlord claims that a tenant has not paid rent, a claim which can be challenged.

In one such case, a tenant who successfully provided proof-of-payment meant that the landlord’s claims were thrown out.

Landlords and tenants can also dispute cited estimates for repairs that are declared as owed.

If a tenant leaves an apartment in an unacceptable state, the landlord can sue for repairs and cleaning fees as necessary.

However, the panel cannot terminate or rescind contracts, even if the tenant has defaulted on a payment.

The panel can only assign the landlord his or her deposit as compensation when tenants are found lacking.

As long as the contract is registered through the Housing Authority, the court can act as mediator as well as investigator for both parties.

The process – how does it work?

If a tenant or a landlord wishes to initiate proceedings, they must go to rentregistration.mt, sign up and then download the application form.

After the claimant opens the dispute, the authority notifies both parties of the proceedings. If the defendant cannot be contacted, a notification in the Government Gazette will be published in an attempt to reach the defendant.

If the defendant fails to respond after 15 days, then the claimant’s case goes through uncontested. If the defendant does respond, the authority can provide an additional five-day window to provide relevant documentation and evidence.

While the claimant and the defendant are subject to nominal fees which are anywhere between €10 and €20, the whole point of the court is to be “rapid and efficient and to exclude the need for these cases to actually go to court”, Bugeja explained.

“Since this court is for small claims, some vetting is required to ensure there is a valid claim. In addition, we try to decide cases based on documentation and evidence submitted, and so far have had to actually hold a sitting only when the defendant and the claimant have vastly different versions of the same story,” Bugeja said.

The board emphasised that they are not yet able to issue proceedings related to rental payments made in arrears.

Geoffrey Vella, one of the lawyers on the board, explained: “As of present, the board does not have the power to adjudicate matters related to belated or unpaid rent fees. While amendments to the legislation might prove otherwise further down the road, we do not have jurisdictional discretion over rent payments.

“We can only discuss deposits, damages, bills and unlawful alterations,” he continued, mentioning that the rent regulation board is separately responsible for the matter.

The board also pointed out that due to its limited remit, legal aids are usually not required. The board reported that there was only one case in which both parties sought a lawyer’s support.