Cap. 116 Art. 2Interpretation.

In this Ordinance -

"agricultural land" does not include the garden of a house or building, or land within the precincts of a house or building;

"Board" means the Board constituted under the Reletting of

Urban Property (Regulation) Ordinance. For the purposes of this Ordinance the Board shall have the same powers and shall proceed in accordance with the same rules of procedure, so far as applicable, as are provided in the said Ordinance; "dwelling house" means a building, a part of a building separately let, or a room separately let, which is let mainly as a dwelling or place of residence, and includes land occupied with the premises under the tenancy, but does not include a building, part of a building or room when let with agricultural land; "fair rent" means -

(i) in respect of an old house, the rent which might reasonably be expected in respect of an old house regard being had to the average rents prevalent on the 31st March, 1939, as shown on the registers of the Land Valuation Office in respect of comparable dwelling houses in the same or in comparable localities: Provided that where, after the 31st March, 1939, structural alterations or additions in a house, whether old or new, have been carried out which, in the opinion of the Board, have enhanced the rental value of the house and in respect of which or, as the case may be, of a part of which, no compensation has been paid or is payable under the provisions of the War Damage

* See article 1 of the Ordinance, as originally enacted, part of which has been omitted under the Statute Law Revision Act, 1980, and Proclamation No. VII of 29th September, 1944. Board, corresponds to the enhancement of the rental value and which shall in no case exceed a return of three and one quarter per centum a year on the capital outlay on the alterations or additions (excluding any interest on loans or in respect of idle capital) or, as the case may be, on the part thereof in respect of which compensation has not been paid and is not payable under the provisions of the War Damage Ordinance, 1943*, and no amount has been paid or is payable by way of grant by the Government of Malta, in every case as proven by the landlord to the satisfaction of the Board or, in default, as assessed by the Board; and

(ii) in respect of a new house, a sum equivalent to a return of three per centum a year on the freehold value of the site and of three and one quarter per centum on the capital outlay on construction (excluding any sum which has been paid or is payable by way of a grant by the Government of Malta and any interest on loans or in respect of idle capital) as proven by the landlord to the satisfaction of the Board or, in default, as assessed by the Board: Provided that where a payment under the War Damage Ordinance, 1943*, is made by or is due from the war damage account in respect of a former building out of which or on the site of which a new house is erected in whole or in part, for the purpose of computing the fair rent of that new house the return on that part of the capital outlay thus contributed by or due from the war damage account shall in no case exceed one year’s fair rent of the former building as on 31st March, 1939, or three and one quarter per centum for one year on that part of the capital outlay, whichever is the less;

(iii) in respect of a scheme house, an annual sum to be determined by agreement as provided in article 5(4);

"landlord" includes any person deriving title under the original landlord;

"Land Valuation Officer" means the officer appointed as such by the Prime Minister for the purposes of the Developed Land

(Valuation) Ordinance; "let" includes sub-let;

*Repealed by Act XXIX of 1980 (Chapter 289). decoration and alterations, even if structural, was complete or ready for use on the 31st March, 1939; "scheme house" means a privately owned new dwelling house designed to be separately let towards the construction of which the Government has made a grant under a house building scheme; "tenant" includes sub-tenant, and "tenancy" includes sub-tenancy.