A rent dispute between the Anglican Church in Malta and The Undercroft, has escalated into accusations of theft and aggression.

The Undercroft is an Italian restaurant operated by C.R.S. Trading, owned by Italian national Michele Rubino. It is situated in a space underneath St Paul’s Anglican Pro-Cathedral in Valletta, which was once the basement of the Auberge d'Allemagne – the home of the German Knights of Malta.

In a case before the Rent Regulation Board, The Undercroft sought €12,880 in damages after the Church executed a warrant of seizure against it, lifting the restaurant’s kitchen, coffee machine and freezers – along with the food inside them.

Other items seized by the Court Marshall and consigned to the Anglican Church include open liquor bottles, all its oil and vinegar containers, and a driller.

Even the restaurant’s reverse osmosis system was removed, with the torn pipes resulting in a water leak allegedly causing €2,808 worth of damage.

The entrance to The Undercroft / Facebook

The Undercroft’s allegation of theft was however described as “obscene” and “preposterous” by the Church.

“The description of the events does not amount to theft by any stretch of imagination,” it said in a legal submission, making the case that the warrant of seizure was executed by the Court Marshal, not the Church itself.

The warrant of seizure for the amount of €29,362 was issued after an initial garnishee order for The Undercroft’s liquid assets, like cash. However, it transpired that the restaurant holds no liquid assets in Malta.

Regarding allegations of mishandling equipment, the Church noted that The Undercroft’s own employees assisted in the seizure: “It is thus completely illogical to argue mishandling when C.R.S. Trading’s own employees were handling the goods together with the Court Marshal and the consignee.”

The Anglican Church also contested the restaurant’s claim that damage was caused to the tiles during the seizure, noting that the images presented of the broken tiles show “evident dirt” that could only have accumulated over time.

Likewise for the water leakage damage, “proof of the source of which has not been provided,” said the Church.

The restaurant's interior / The Undercroft

Finally, in relation to the food stored in the freezers, it was in fact the Court Marshal’s responsibility to draft an inventory, said the Church, adding: “Thus, the idea proposed whereby the Church is responsible for ‘theft’ is an allegation which is not only legally unfounded, but wholly illogical, ridiculous and irresponsible.”

The Rent Regulation Board found in favour of the Anglican Church and dismissed all of The Undercroft’s requests, while ordering expenses to be borne by its operator.

When approached by WhosWho.mt, both parties declined to comment, citing ongoing court proceedings.