The Malta Development Association has issued a response to Identita’s statement (see below) that from the 1st of September, 2024, any property lease contract submitted with a residence permit application must be notarised by a Notary, Lawyer, or Legal Procurator. “No application will be accepted unless the contract is notarised.”

In a statement the MDA clarified that the process referred to is the one related to the Resident Permit Applications with Identita and not the registration of contracts procedure with the Housing Authority as regulated by the Private Residential Leases Act, it said it is of the “firm position that this procedure should be scrapped since it would not be effective in practice.”

The MDA said it is currently in discussions with the relevant stakeholders and authorities “to ensure that whilst abuse including the registration of fake lease agreements are addressed, unnecessary steps which increase costs or add further bureaucracy are not introduced.”

The MDA concluded by saying that it is “putting forward a number of proposals on how the matter should be tackled.”

Identita statement

Identita referred to claims about mail addressed to foreigners which are being delivered where the recipients do not reside.

Identita explained that there may be various reasons why these incidents occur. “These include the lessee failing to notify the agency that he has changed his residence, the same lessee failing to notify private companies and service providers who have provided them with their details by changing address, the property owner failing to submit the De-Registration Form, or persons are deceptively and illegally making use of the address.”

It said that “property owners who receive mail addressed to individuals who are not residing in their properties should report it to the nearest police station. If the person using the address is a foreigner, the owner must inform Identita’s Compliance Unit.”

The owner should download the De-Registration Form from https://identita.gov.mt/wp-content/uploads/2024/08/Deregistration-of-Address-Form.pdf, fill in the required details, and submit the necessary documents listed in section 5 of the application.

The completed application can be emailed to landlords.identita@gov.mt

While reminding property owners of their legal obligations to register and de-register rentals according to national law, the Agency also emphasised that the De-Registration Form should be used by property owners who rent to foreign residents, after the tenant has vacated the property.

Once Identita is informed by the property owner that the tenant has vacated the property, the Agency reminded “the foreign tenant of their obligations to regularise their presence in Malta and to submit the Change of Address form, declaring the new address. If they fail to do so, their Residence Permit will be revoked.”

Identita stated that as of the 1st of September, any property lease contract submitted with a residence permit application must be notarised by a Notary, Lawyer, or Legal Procurator. “No application will be accepted unless the contract is notarised.”

Identita explained that “all Residence Permit or Document applications, including supporting evidence, will be assessed and validated by various stakeholders. Based on this review, a recommendation will be made on whether the application should be approved or rejected. Based on that advise, Identita will either issue a Residence Document or a Permit, or reject the application.”

Identita urged companies and local service providers to verify a client’s address using an official Maltese identity document when a service is requested. It also reminded private companies and service providers that they have a duty to request verification of the individual’s address before they register it in their systems. This results that this is not always being done.

“It is the responsibility of each and every Residence Permit or Document holder to inform local providers of any change in their address when requesting a service,” the Agency said.

Identita concluded by declaring that it “cannot be held liable when false or fraudulent information is intentionally provided to businesses, entities, or local suppliers.”

Photo: Identita

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