Renting and landlords

The rental market is largely unregulated, laws not in your favour and landlords do whatever they want and get your bank accounts frozen if they dont like what you do.

Suggest you ask your actual landlord and not strangers on the internet

We had the monthly rent + utility costs (+/- clause) written in the contract - fixed for 3 years. certified by a notary.
Renewal of the contract had only the dates changed, same conditions, same rent - fixed for another 3 years, certified by the same notary.

I guess that's the safe way, although it seems my landlady is really not after the money 

Matm,

For your 3 year contract, did you use your notary, or must you
use the landlord`s notary?

andy5m wrote:

Matm,

For your 3 year contract, did you use your notary, or must you
use the landlord`s notary?

We have never used one, the first two places we rented we did through an agent and did the contract with them and where we are now we did not use an agent and just did the contract with our landlord.

PmcC wrote:

Hi can anyone tell me if you sign a two year lease can the landlord put up the rent after first year.Am thinking of moving for our last year in malta. Will probably have to break our lease if I find somewhere we like.So we will loose our deposit.Can our landlord look for us to pay the last couple months rent if we move early

1....depends if the contract is clearly identified as being a fixed rent for the entire period of the lease - some contracts include for a % increase per year within the rental period...

2....its entirely possible he could demand you pay for the balance of contract  - again it depends what is in the contract you signed  - if its not expressly covered then id say not enforceable



always check your contract

PmcC wrote:

Hi can anyone tell me if you sign a two year lease can the landlord put up the rent after first year.Am thinking of moving for our last year in malta. Will probably have to break our lease if I find somewhere we like.So we will loose our deposit.Can our landlord look for us to pay the last couple months rent if we move early

How do you pay your rent ?

you do need to be careful as many landlords deploy a garnishee order for what they believe is owed to them so be very very careful - a garnishee order is easily raised in court and doesnt necessarily have to be proved that you owe it but it does freeze the value of alleged debt in any and/or all of your bank accounts until resolved ...and can take years to resolve.

Toon wrote:

you do need to be careful as many landlords deploy a garnishee order for what they believe is owed to them so be very very careful - a garnishee order is easily raised in court and doesnt necessarily have to be proved that you owe it but it does freeze the value of alleged debt in any and/or all of your bank accounts until resolved ...and can take years to resolve.

I used to pay in cash so they had no bank details etc...

Best way to do it IMO,although I suppose there is no way to say you have paid the landlord.

that doesnt matter..... the courts can get your details off any bank in Malta  just be careful

yes there is a way to ensure you can prove you ve paid the landlords..... rent book and individual receipts clearly identified and itemised as rent and utilities advances signed and dated by both you and your landlord

Toon wrote:

yes there is a way to ensure you can prove you ve paid the landlords..... rent book and individual receipts clearly identified and itemised as rent and utilities advances signed and dated by both you and your landlord

Surely this is common sense.

GozoMo wrote:

Toon wrote:

yes there is a way to ensure you can prove you ve paid the landlords..... rent book and individual receipts clearly identified and itemised as rent and utilities advances signed and dated by both you and your landlord

Surely this is common sense.

of course it is, but you would would be surprised how many people dont do this very simple thing and rely on a trust, a misplaced trust in many cases - especially when the brown stuff hits the whirly gig...

andy5m wrote:

Matm,
For your 3 year contract, did you use your notary, or must you
use the landlord`s notary?

Since we had no other suggestion, we used our landlady's notary, but both were very "flexible" with adding and removing points to the more or less "standard" contract.
Also the renewal was a breeze since nothing changed except the dates :-)

Thank you for all the above comments. Very useful.

I pay a year in advance, transferred from my UK bank and get a renewed rental agreement yearly clearly stating the amount paid and with rental dates. I hope if anything untoward happens the landlord can't freeze a UK bank. I do have a BOV account in Gozo with enough to last me a year which I suppose they could freeze. I travel to UK once a year at Xmas to see kids and grandkids and bring back sterling to last another year because the exchange rates here are better.

How does a garnishment appear?

A/ Is it typically written into the rental contract? If so, is the word `garnish` used, or
is more subtle phrasing  used?

or

B/ a garnish order is obtained by the landlord, as a legal document, and presented to
the renter when there is disagreement over unpaid money

Laz2016 wrote:

I pay a year in advance, transferred from my UK bank and get a renewed rental agreement yearly clearly stating the amount paid and with rental dates. I hope if anything untoward happens the landlord can't freeze a UK bank. I do have a BOV account in Gozo with enough to last me a year which I suppose they could freeze. I travel to UK once a year at Xmas to see kids and grandkids and bring back sterling to last another year because the exchange rates here are better.

You “bring back sterling” how? You can't carry more than 10k euro. I assume you need more than that a year.

andy5m wrote:

How does a garnishment appear?

A/ Is it typically written into the rental contract? If so, is the word `garnish` used, or
is more subtle phrasing  used?

or

B/ a garnish order is obtained by the landlord, as a legal document, and presented to
the renter when there is disagreement over unpaid money

Landlord goes to court. Tells them whatnot he knows they want to hear. Get a court order that goes to the banks.

nothing in the contract, then. Nasty surprise.

andy5m wrote:

nothing in the contract, then. Nasty surprise.

yes it can be as it can take years to resolve if you dispute the debt - and all the while the value of the garnish is frozen......

but the upside is that they cant take all your cash but they can leave you bare minimum wages  =ie breadline

Our contract only states the usual deposit of two month's rent for any damages, failure to pay, excessive util. costs etc.
Everything else beyond this amount is not covered by the rental agreement and has to be brought to court by the landlord ... and as we all know, such actions can take years ...

Laz2016 wrote:

I pay a year in advance, transferred from my UK bank and get a renewed rental agreement yearly clearly stating the amount paid and with rental dates. I hope if anything untoward happens the landlord can't freeze a UK bank. I do have a BOV account in Gozo with enough to last me a year which I suppose they could freeze. I travel to UK once a year at Xmas to see kids and grandkids and bring back sterling to last another year because the exchange rates here are better.

Why pay a year at once?

Paying a year up front is a complete nono for me  -  and i sure as hell wouldnt recommend anyone to do such a thing -no matter what the discount offered was... too much can happen during a tenancy

volcane wrote:

You “bring back sterling” how? You can't carry more than 10k euro. I assume you need more than that a year.

There's only me and the cats so I can live on about 5,000 - 7,000 pa because rent is paid by transfer. In any case have you ever been searched by customs for excess currency?

GozoMo wrote:

Why pay a year at once?

I always do in whichever country I live in apart from the UK. A rental agreement is yearly so you're liable for the whole year's rent anyway. If you die it's still got to be paid. It's one less worry if it's done and out of the way.

Toon wrote:

Paying a year up front is a complete nono for me  -  and i sure as hell wouldnt recommend anyone to do such a thing -no matter what the discount offered was... too much can happen during a tenancy

Each to their own. It would be a boring old world if we were all the same and did the same things wouldn't it Toon?

Laz2016 wrote:

volcane wrote:

You “bring back sterling” how? You can't carry more than 10k euro. I assume you need more than that a year.

There's only me and the cats so I can live on about 5,000 - 7,000 pa because rent is paid by transfer. In any case have you ever been searched by customs for excess currency?

not personally however in the past few weeks I can recall about 7 or 8 news stories about cash confiscated - they are making an effort to check more people so be aware

yes it would be and it is of course your choice to do things this way  - but to take an unnecessary risk is a tad dangerous. So in the event that the LL decides to sell his property or wants it back for himself or family. or decides he can get more off another tenant and makes your life hell to get you out -  or even force majeure ....and you ve paid up front  - what recourse do you have  - have you managed to cover this in your contract

Just last week I asked about an apartment in Gozo. €350 a month so I asked about it.

Reply was its now €500 and the landlord wants 6 months upfront.

As a Glaswegian you can imagine my reply and the words used. 

i remember 8 yrs ago i was asked to pay a full year up front(€9k) by the son of a very  well known businessman (sadly the father has passed away now) in the mellieha area with a large property on santa maria estate - and he was told on his bike (but in not so polite terms)

It`s always useful to hear what to avoid -- great defence.

The above posters have many years` experience,  so my question is...

What type of rental contract would you commit to nowadays?

I don`t mean ideal (because it`s unrealistic), but what constitutes fair and reasonable,
given current market conditions? Please exclude potential `bubble`
micro markets  like Sliema or St.Julians.

Everything is on a case-by-case basis, I know, but guidelines are useful to those
not living on Malta yet.

To narrow it, say you`ve been on Malta 6 months, just to get a lay of the land;
you want to sign a long-term contract in a new part of Malta you like; can you get the
majority of landords to sign a 3 year fixed rent contract, on residential tariff, for example?

there are good landlords, lots of them, but you do have to find them and most decent landlords want good long term no hassles tenants. Contracts are different depending on who you go to or who provides it. Most are loaded in favour of the Landlordm, but they do follow a loose pattern

Longer contracts are available but most will want you to renew yearly as it keeps them current and allows them to increase the rent in accordance with the market place at that time.

I no longer live in malta as many already know (but still have many contacts there so am in touch with much of what is happening in this field) but ive just signed a fixed rent 5year contract with my landlord here  - so its always worth asking   - dont ask you definitely wont get.

as for the content of a decent contract  they are so diverse its hard to tie it down  = if it were me id read the contract long before signing it and then contact one of the many Malta expat groups  on facebook who have a dearth of knowledgeable people and most are more than willing to advise on the content to watch out for. They wileven accept a email or message with a scan of the contract and read through it for you and amend or make suggestions where they think its necessary....

andy5m wrote:

It`s always useful to hear what to avoid -- great defence.

The above posters have many years` experience,  so my question is...

What type of rental contract would you commit to nowadays?

I don`t mean ideal (because it`s unrealistic), but what constitutes fair and reasonable,
given current market conditions? Please exclude potential `bubble`
micro markets  like Sliema or St.Julians.

Everything is on a case-by-case basis, I know, but guidelines are useful to those
not living on Malta yet.

To narrow it, say you`ve been on Malta 6 months, just to get a lay of the land;
you want to sign a long-term contract in a new part of Malta you like; can you get the
majority of landords to sign a 3 year fixed rent contract, on residential tariff, for example?

Individual landlords do vary but the best are usually the ones who buy or redevelop properties and let them out long term as a business as they take a professional view of things rather than the one who's had a relative die and leave them a house.
We have had one who did a 1 year and two who did a 3 year term at a set rental, written into the contract.
All three signed form H on day one.

Ray

Laz2016 wrote:

volcane wrote:

You “bring back sterling” how? You can't carry more than 10k euro. I assume you need more than that a year.

There's only me and the cats so I can live on about 5,000 - 7,000 pa because rent is paid by transfer. In any case have you ever been searched by customs for excess currency?

GozoMo wrote:

Why pay a year at once?

I always do in whichever country I live in apart from the UK. A rental agreement is yearly so you're liable for the whole year's rent anyway. If you die it's still got to be paid. It's one less worry if it's done and out of the way.

Toon wrote:

Paying a year up front is a complete nono for me  -  and i sure as hell wouldnt recommend anyone to do such a thing -no matter what the discount offered was... too much can happen during a tenancy

Each to their own. It would be a boring old world if we were all the same and did the same things wouldn't it Toon?

We have had 4 contracts in the UK and 3 in Malta and everyone had a clause that if either of the lessees died the contract could be terminated with one months notice and no further monies due!
So no point in paying up front.
What if the landlord dies and his relatives throw you out, you can bet they won't give you any prepaid rent back!
Also remember that the money you have transferred to pay the rent is taxable as it is 'Monies remitted to Malta'!

F0xgl0ve wrote:

Laz2016 wrote:

volcane wrote:

You “bring back sterling” how? You can't carry more than 10k euro. I assume you need more than that a year.

There's only me and the cats so I can live on about 5,000 - 7,000 pa because rent is paid by transfer. In any case have you ever been searched by customs for excess currency?

GozoMo wrote:

Why pay a year at once?

I always do in whichever country I live in apart from the UK. A rental agreement is yearly so you're liable for the whole year's rent anyway. If you die it's still got to be paid. It's one less worry if it's done and out of the way.

Toon wrote:

Paying a year up front is a complete nono for me  -  and i sure as hell wouldnt recommend anyone to do such a thing -no matter what the discount offered was... too much can happen during a tenancy

Each to their own. It would be a boring old world if we were all the same and did the same things wouldn't it Toon?

We have had 4 contracts in the UK and 3 in Malta and everyone had a clause that if either of the lessees died the contract could be terminated with one months notice and no further monies due!
So no point in paying up front.
What if the landlord dies and his relatives throw you out, you can bet they won't give you any prepaid rent back!
Also remember that the money you have transferred to pay the rent is taxable as it is 'Monies remitted to Malta'!

a good point

Thanks for the up. I wonder how the customs officers specifically select those that are contravening the currency limitations because they certainly don't search everyone. I can understand maybe them searching a random passenger's luggage but to do a personal search is a procedure where the suspect is taken into a room and properly searched. I wonder if they do a full cavity search in which case they will have to use rubber gloves etc. 8 incidences is a lot. Do you have any links? TIA

Toon wrote:

yes it would be and it is of course your choice to do things this way  - but to take an unnecessary risk is a tad dangerous. So in the event that the LL decides to sell his property or wants it back for himself or family. or decides he can get more off another tenant and makes your life hell to get you out -  or even force majeure ....and you ve paid up front  - what recourse do you have  - have you managed to cover this in your contract

Yes the protection swings both ways in the contract. Maybe I'm lucky but I have a very good relationship with the LL. Not only does he own several apartments, some of which are my neighbours, but also a large and successful B&B.

How do you pay in Cyprus, monthly?

Laz2016 wrote:

Thanks for the up. I wonder how the customs officers specifically select those that are contravening the currency limitations because they certainly don't search everyone. I can understand maybe them searching a random passenger's luggage but to do a personal search is a procedure where the suspect is taken into a room and properly searched. I wonder if they do a full cavity search in which case they will have to use rubber gloves etc. 8 incidences is a lot. Do you have any links? TIA

https://www.timesofmalta.com/mobile/art … ash.654185https://www.timesofmalta.com/mobile/art … ash.654092https://www.timesofmalta.com/mobile/art … oms.661213

Etc a big uptake in these stories you can search their site. But any over 10k gets taken and likely get fined too

Not sure what process they use for identifying passengers

MatM, or any knowledgeable posters,

When the LL`s notary is used, typically do we pay, or does the LL pay the notary`s bill?

Laz2016 wrote:

Toon wrote:

yes it would be and it is of course your choice to do things this way  - but to take an unnecessary risk is a tad dangerous. So in the event that the LL decides to sell his property or wants it back for himself or family. or decides he can get more off another tenant and makes your life hell to get you out -  or even force majeure ....and you ve paid up front  - what recourse do you have  - have you managed to cover this in your contract

Yes the protection swings both ways in the contract. Maybe I'm lucky but I have a very good relationship with the LL. Not only does he own several apartments, some of which are my neighbours, but also a large and successful B&B.

How do you pay in Cyprus, monthly?

am pleased to hear you have a good relationship with your LL it makes all the difference -  as for protection yes  so it should be both ways  but id still say check double check and get another person to check then check again = too many people get caught with what seems innocent contracts until the brown stuff hits the whirly gig with issues / problems / disputes


yes in our case we pay in cash monthly with pukka vat receipts for everything (utils water rubbish taxes bills are paid on presentation simple as that. All of the bills are paid from the agent/owners account via direct debit so no fear of being disconnected )  Our landlords agent (the owner is chinese and doesnt live here) has been absolutely fabulous cant do enough for us. and we ven met the LL and his family and interpreter too lol 


all good for us