Issue link: https://maltatoday.uberflip.com/i/1538544
5 maltatoday | SUNDAY • 17 AUGUST 2025 NEWS Authorities don't check for unlawful residential lease terminations, illegal contract clauses LEASE agreements rendered null by illegal clauses may be widespread, as authorities do not screen contracts for such clauses. After MaltaToday revealed how third country nationals are sometimes at the mercy of greedy landlords who will stop at nothing to squeeze every cent out of them, authorities were asked to explain their part in the process. Among this newspaper's find- ings were illegal fees, with one tenant even being told that he has to pay interest on late rents, while another said it was com- mon knowledge that deposits are never returned to tenants. In response to questions sent by this newspaper, the Housing Authority (HA) explained that it is only required to examine seven items in lease agreements as stipulated by law. These are; the residence being leased, the use of the property, the period of the lease, whether the lease can be extended and in what matter, the amount of rent that is to be paid and in what manner, the amount of the deposit paid by the lessee, and an inventory showing the condition of the property and the state of furniture or domes- tic appliances supplied by the lessor. "The HA requires the lessor to submit a self-declaration stat- ing the number of bedrooms and bathrooms in the proper- ty. This information is subject to vetting by the Housing Au- thority, which ensures that the details provided are consistent with those stated in the lease agreement and reflected in the official online registration," the HA added. The authority explained that contracts with prohibited clauses are deemed automati- cally null. Such clauses include those that allow the landlord to "reduce, without equivalent consideration, any benefits stipulated in the contract," and clauses exempting the landlord from their legal obligations. A HA spokesperson clarified that clauses imposing payments other than rent, the deposit, insurance, and condominium contributions are illegal. The spokesperson explained the authority's registration of a contract does not validate such illegal clauses. Tenants have the right to seek a refund of unduly paid sums before the Adjudicating Panel for Private Residential Leases, the spokes- person said. MaltaToday further asked the HA whether it confirms that lease terminations are lawful when landlords deregister con- tracts. The spokesperson said that the authority is not obli- gated to confirm the lawfulness of the deregistration. "There are legal provisions though which safeguard the interests and rights of both the tenant and the landlord, and should there be any dispute, both have remedies to seek a resolution before the Rent Regulation Board." This suggests that there is nothing holding back landlords from terminating a tenant's lease agreement frivolously, es- pecially if the tenant is a TCN and is not fully aware of their rights. This is doubly worrisome for TCNs, as their presence in Malta is only legal if they can show evidence of employment, and a registered place of resi- dence. MaltaToday also spoke to Identità about its process of de- registration for TCN tenants. A spokesperson explained that when a landlord completes and submits Identità's deregis- tration form, the TCN is noti- fied that they must update their address within five working days of the notification. Here too, the agency does not veri- fy whether the deregistration is lawful. "While Identità requests the updated address within a five- day period, in practice, a slight- ly extended timeframe is often permitted before further action is taken. In fact, follow-up re- minders are typically issued, including a specific date after which the permit will be con- sidered invalid if no update has been made," the spokesperson clarified. The agency added that should a residence permit be revoked due to a lack of new address, the TCN can appeal that revo- cation in front of the Immigra- tion Appeals Board. MaltaToday had written about the legal limbo in which TCNs appealing their residence revocation find themselves, with a General Workers' Union official slamming the long and treacherous process that leaves foreign workers at the mercy of exploitative employers. MATTHEW FARRUGIA mfarrugia@mediatoday.com.mt "While Identità requests the updated address within a five- day period, in practice, a slightly extended timeframe is often permitted before further action is taken."