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MDAJanuary 16, 2025

Malta Development Association on Identita’s Lease Agreement Attestation Form

By D&B

The MDA makes reference to the statement issued by Identita’ in September 2024 where it announced an agreement with a number of stakeholders in relation to the new form called “Lease Agreement Attestation Form”.

The MDA attended meetings with Identita’ and submitted concrete proposals that could address the abuse that the Authority is facing and the abuse of third country nationals tenants who are registering applications with fictitious rental contracts. and without the owner’s consent. The MDA clarifies that the position of Identita’ and the new obligation of this Attestation Form will mean that property owners must sign every lease contract with third country nationals tenants in front of a lawyer, notary or legal procurator. This will have a negative impact on owners and tenants as it will add great intrigue and additional costs in professional fees as well as adding an inefficient and bureaucratic step in an industry that has been burdened with a lot of bureaucracy.

“the new obligation of this Attestation Form will mean that property owners must sign every lease contract with third country nationals tenants in front of a lawyer, notary or legal procurator“

While the MDA appreciates the genuine intent of the Identity, the MDA maintains that there are other measures, both existing and new, that can achieve the same results (if not better) and this without increasing the burdens mentioned in the previous paragraph and therefore this statement is issued with responsibility. In its meetings, the MDA also proposed that a certified true copy of the identity card (from a professional licensed by the state of Malta) of the parties be requested instead of the need to visit the professional with each lease. This step, together with the existing system of registration with the Housing Authority, brings the same effect by giving the same peace of mind to Identita’ that the lease registered in the residence application was made with the consent of the owner – and this without many unnecessary steps.

 

The MDA also proposed that since a considerable amount of the properties are leased through licensed agents, the same agent is already serving as an integral step from this process and can make a declaration that s/he was present at the signing of the contract. Furthermore, an estate agent is also in a position to confirm that the rented premises really exist and thus when comparing Identita’s measure with the MDA proposals, the MDA system is superior in every way and at the same time is cheaper, less bureaucratic and more efficient. Finally, the MDA adds that property owners should not suffer the consequences of errors/abuse and/or deficiencies of any authority. The MDA appeals to Government and other Authorities that before new procedures are implemented, a deep consultation exercise should be carried out with the relevant stakeholders in a holistic manner. There is also the need for the Authorities to work more together and not separately. The MDA observes that there are too many bureaucratic procedures that do not bring any value, as a consequence of which they are costing a lot of money that the Maltese and Gozitan families end up sending.

“when comparing Identita’s measure with the MDA proposals, the MDA system is superior in every way and at the same time is cheaper, less bureaucratic and more efficient”

 

Malta Developers Association, MDA, Property
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