Cap. 158 Art. 12ADwelling-houses subject to more than one emphyte- usis.

(1) This article shall apply:

(a) on the expiration of a temporary emphyteusis of sub-

emphyteusis (hereinafter in this article referred to as

"the most recent emphyteusis or sub-emphyteusis")

which is not one the effects of the termination of which are regulated by article 12(2)(a) or (b) or by article 12(4) or 12(5);

(b) of a dwelling house which at the time of the expiration of the most recent emphyteusis or sub-emphyteusis:

(i) is occupied by a citizen of Malta as his ordinary residence; and

(ii) is subject to another emphyteusis or sub-emphyteusis (hereinafter in this article referred to as "the preceding emphyteusis or subemphyteusis") whether perpetual or temporary.

(2) On the expiration of the most recent emphyteusis or sub-emphyteusis the emphyteuta or the sub-emphyteuta who satisfies the requirements of subarticle (1)(b)(i) shall be entitled to continue in occupation of the dwelling house under a lease from the person holding the preceding emphyteusis or sub-emphyteusis at the same rent and under the same conditions applicable according to article 12(2)(i), (ia) and (ii) which shall apply mutatis mutandis.

(3) On the expiration of the preceding emphyteusis or sub-emphyteusis the lease mentioned in subarticle (2) shall remain in force for the same rent and under the same conditions as mentioned in subarticle (2) between the tenant and the person who from time to time would, were it not for the tenancy, be entitled to the vacant possession of the house.

(4) The provisions of this article shall also apply in all cases where although the most recent emphyteusis or sub-emphyteusis shall have expired before the 1st July 2007 the person who was the emphyteuta or the sub-emphyteuta in the most recent emphyteusis or sub-emphyteusis still occupies the house as his ordinary residence on the said date.

(5) When on the expiration of the most recent emphyteusis or sub-emphyteusis the dwelling house is subject to a lease the provisions of article 12(3) shall apply mutatis mutandis.

(6) The rights given by this article to the emphyteuta and to the sub-emphyteuta of the most recent emphyteusis or sub-emphyteusis shall, where the said emphyteuta or sub-emphyteuta shall have died before the 1st July 2007, be exercisable by the person who resided with the said emphyteuta or sub-emphyteuta at the time of his death and had at that time all the other qualifications to be treated as a tenant for the purposes of article 12.

(7) Where in the case of a most recent emphyteusis or sub-emphyteusis which expires after the 1st July 2007 the emphyteuta, the sub-emphyteuta or the tenant occupying the house as his ordinary residence on the expiration of the most recent emphyteusis or sub-emphyteusis is a person different from the person occupying the house as his ordinary residence on the 1st July 2007 the provisions of this article shall apply only in the cases mentioned in article 12(8)(a) and (b) which paragraphs shall apply mutatis mutandis to the emphyteusis and the sub-emphyteusis regulated by this article, provided however that references to the "21st June 1979" are to be read and construed as references to the "1st July 2007", references to "the emphyteusis" are to be read and construed as references to "the most recent emphyteusis or sub-emphyteusis" and references to "the emphyteuta" shall be read and construed accordingly, and the reference to the "30th September 1979" shall be read and construed as a reference to the "31st December 2007".