Cap. 16 Art. 1531JTenements leased by any type of club.

(1) In the case of a tenement leased to an entity and used as a club before the 1st June, 1995 including but not limited to a musical, philanthropic, social, sport or political entity, when its lease is for a specific period and on the 1st January, 2010 the original period "di fermo" or "di rispetto" is still running and the lease has not yet been automatically extended by law, then in that case the period of lease established in the contract shall apply. In all other instances where the contract of lease was made prior to the 1st June, 1995 the law and all definitions as in force on the 1st June, 1995 shall continue to apply:

Provided that notwithstanding the provisions of the law as in force before the 1st June, 1995, the Minister responsible for accommodation may from time to time make regulations to regulate the conditions of lease of clubs so that a fair balance may be reached between the rights of the lessor, of the tenant and the public interest.

(2) The provisions of this sub-article and of the following sub-articles shall, notwithstanding any other law, apply in respect of the occupation of premises under title of lease by a club where all the following conditions are satisfied:

(i) where the club consists of a band club which on the 1st March, 2018 has been in existence for at least thirty

(30) years;

(ii) where the said band club has on the 1st March, 2018 occupied the same premises as its principal quarters under a title of lease or emphyteusis or under a combination of both for a period of at least thirty (30) years;

(iii) where the band club is still in occupation of the premises and the premises are the only premises of the band club, except for stores and similar premises or premises which are small and are not used as a club, on the 1st March, 2018; and

(iv) where the eviction of the band club has been ordered by a final judgement of the Rent Board or of a Court for a reason other than the failure to pay rent due.

(3) Where all the conditions listed in sub-article (2) are satisfied, the club shall be entitled to continue occupying the premises under a title of lease under the following conditions:

(i) for a rent which shall amount to ten (10) times the amount of rent payable for the occupation of the said premises prior to the final judgement of the Rent Board or of the Court ordering eviction;

(ii) the rent referred to in sub-paragraph (i) shall not be further increased in terms of regulation 2 of the Conditions Regulating the Leases of Clubs

Regulations but the amount due to the owner in terms of regulation 3 of the said regulations shall still be due in addition to the rent;

(iii) the rent due in terms of sub-paragraph (i) shall not be less than five thousand euro (€5,000) or per annum amount to more than one (1) per cent of the value of the premises on the 1st January 2018.

(4) The owner of premises to which sub-articles (2) and (3) apply shall be entitled to apply to the Rent Board to contest the fulfilment of any condition provided for in sub-article (2) or to demand a variation in the conditions of the lease in order to make good for any situation of manifest disproportionality which may result from the application of sub-articles (2) and (3), due account being taken of the social and cultural functions performed by the band club: Provided that in considering whether there exists a situation of manifest disproportionality the Board shall not base its considerations on the potential of the premises for development for commercial use but it shall consider the premises in its actual state.

(5) In any proceedings which may lead to the eviction from premises owing to structural alterations made without the consent of the lessor, when the premises from which the eviction is demanded consist of the principal quarters of a band club, the Rent Board or the Court shall not order the eviction from such premises where the structural alterations consist of works related to the philharmonic or social activities or to the activities performed by the band club, and where the works consist of improvements to the premises or of structural alterations to the premises and the band club provides a guarantee which in the opinion of the Rent Board or of the Court is sufficient to allow the lessor to restore the premises and to make the reparations or alterations necessary in the premises at the termination of the lease and to make good for any loss suffered during the execution of the necessary works: Provided that the amount of the guarantee referred to in this sub-article shall be established on the basis of the prices current at the time of the judgement.

a 1531K. In the case of a property leased before the 1st June 1995

which is used both as a dwelling-house and as a commercial premises and for which only one (1) rent is payable, this shall be considered as a dwelling-house and it shall be regulated by the conditions which concern dwelling-houses:

Provided that with regard to the rate of the rent, the rent shall be that established for a commercial premises as stipulated in this Code or article 4A of the Reletting of Urban Property (Regulation) Ordinance, whichever rent is higher..