Contracts Regulations, 2019

L.N. 355 of 2019

PRIVATE RESIDENTIAL LEASES ACT

(CAP. 604)

Registration of Private Residential Lease

Contracts Regulations, 2019

IN EXERCISE of the powers conferred by article 6 of the Private

Residential Leases Act, the Minister for the Family, Children’s Rights

and Social Security has made the following regulations:-

The title of these regulations is the Registration of Private

Residential Leases Contracts Regulations, 2019.

PART I

LETTING OF SHARED RESIDENTIAL SPACE

(Regulation 2)

Details

This, day of ..........................................

By the present private writing there appear on the one part

............................................................... son of ................................................... and

................................... neè ....................... born in ................................. and residing

at ................................................................................................................................

holder of a legally valid identification document number ......................... and user

of e-mail address ................................................ hereinafter referred to as the lessor.

And on the other part .......................................... son of ............................................

and ...................................... neè ............................ born in ………...………….. and

residing at ...................................................................................................................

holder of a legally valid identification document number ....................... and user of

e-mail address ................................................ hereinafter referred to as the lessee.

And hereby the lessor is granting by title of lease to the lessee who under the same

title of lease accepts …………………………………….......................……

…………………………………………………………………………………………

[address in full] hereinafter referred to as the premises, subject to the following

terms and conditions

Payment & Duration

(i)

The lease shall run for a period of six (6) months with effect as from the

……........... [day] of …........….. [month] ….......…… [year].

(ii) The lessee shall pay the lessor a monthly rent of € …………………….. which

shall be payable on ……………....………… [day of the month]. Payment

shall be affected via

Cash/Direct Debit

Details

…………………………………………………………………………………………

[bank details].

(iii) This agreement shall not be renewed.

(iv) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta]

Deposit

(i)

The lessee hereby pays unto the lessor who accepts and issues due receipt, the

further sum of €…………… being a deposit paid by the said lessee in security

of the payment of such amounts which in terms of law or of this agreement are

payable by the lessee.

(ii) The deposit paid in terms of this paragraph is to be retained by the lessor for

the duration of the lease and shall be thereafter released by the same lessor, in

part or in whole, as the case may be, provided that the premises after having

been inspected by the lessor (or his agent) is found to be in the same condition

(except fair wear and tear) as it was when occupation was effected and upon

verification and confirmation of the payment by the lessee of all such amounts

which in terms of law or of this agreement are or shall become due by the

lessee.

(iii) Annex A shall include an inventory containing all the movables present in the

premises. The list shall include photographs of the state in which any of the

movables have been delivered to the lessee.

(iv) The payment by the lessee of the deposit set out in this paragraph shall not

release the lessee from the obligation to pay such amounts which in terms of

law or of this agreement are payable to the lessor.

(v)

The lessor shall be freely entitled to set off and thereafter retain, the deposit or

part thereof, against the unpaid portion of such amounts which in terms of law

or of this agreement are payable by the lessee.

(vi) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta]

Use of the Premises

(i)

The lessee shall exclusively utilise the premises as a residence, and is hereby

expressly precluded from utilising or permitting the utilisation of the premises

or any part thereof for any other purpose.

(ii) The lessor will not recognise any other person than the lessee for complete

responsibility of the property in question.

(iii) [add any other clauses, deemed necessary provided that said clauses are in full

respect of the laws of Malta]

Condition and Preservation of the Premises

(i)

The lessee acknowledges to have examined the premises and in consequence

of such examination, the lessee declares that there are no apparent defects on

either the immovable or the movables except those marked in the inventory.

(ii) The lessee shall make use of the premises with the care and diligence of a

bonus paterfamilias and shall execute all acts of ordinary repair and

maintenance of the premises as may from time to time be necessary, saving

any repair of damages caused by force majeure and without any fault of his

own.

(iii) Saving what is otherwise set out in this paragraph, all expenses incurred in

connection with repair and maintenance, internal or external, or imposed or

ordered by the competent officials or by law, including such expenses as are

necessary to render the tenement fit for utilisation as residential premises, shall

be borne solely by the lessor.

(iv) The lessee shall give timely notice to the lessor of all occurrences requiring

extraordinary repairs of a structural nature.

(v) All extraordinary structural repairs, save those occasioned or contributed to by

the acts or omissions of the lessee shall be executed by the lessor and the

expenses incurred or incurable in connection with such repairs shall be borne

by the lessor, and the lessee shall not, unless authorised so to do by the lessor,

perform or order the performance of any extraordinary repairs except in urgent

cases and only in accordance with the law.

(vi) At the termination of the lease, the lessee is to surrender the premises unto the

lessor in a good state of repair, clean and tidy, fair wear and tear accepted.

(vii) The lessee shall not, under any circumstance, and without the written consent

of the lessor, be entitled to execute and perform any improvements or

alterations of whatever nature to the premises.

(viii) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta]

Utility Bills & Services

(i)

The lessor shall ensure that all utilities and other fees or bills payable in

respect of rent/consumption until the commencement of the lease are duly paid

and settled.

(ii) Annex B shall include Automated Revenue and Management Services

(ARMS), Form H and Form N duly filled and signed by both parties to this

agreement.

[This clause may be omitted if the lessee applies for his temporary recognition

by the service provider.]

(iii) Both parties to this agreement declare that water/electricity meters were read

on …...........……[day] …..........……. [month] ….......……. [year].

Water:……………… ……………...................................……..

Electricity: ………………………...........................…………..

(iv) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta]

Termination & Renewal Notices

(i)

The lessee, may at any time, after the expiration of the compulsory period

established by the law, notify the lessor of his intention to terminate the

agreement, in the manner provided for by the law.

(ii) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta]

Miscellaneous

(i)

[add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta]

Lessor

………………………………............…………………………………………………

Lessee

……………………………………...…………………………………………………

PART II

SHORT PRIVATE RESIDENTIAL LEASES

(Regulation 3)

Details

This, day of ............................................ By the present private writing there appear

on the one part .............................................................................................. son of

........................................ and ..................................... neè ............................ born in

........................... and residing at ................................................................................

and user of e-mail address ................................................ holder of a legally valid

identification document number ....................... hereinafter referred to as the lessor.

And on the other part ........................................ son of ........................................and

.......................... neè ............................ born in …………….....…….. and residing at

................................................................................................................. and user of

e-mail address ................................................ holder of a legally valid identification

document number .................. hereinafter referred to as the lessee.

And hereby the lessor is granting by title of lease to the lessee who under the same

title of lease accepts .....………………………………………………….……………

…………………………………………………………………………………………

[address in full] hereinafter referred to as the premises, subject to the following

terms and conditions

Payment & Duration

(i)

The lease shall run for a period of six (6) months with effect as from the

…..........….. [day] of ……...... [month] ........... [year].

(ii) The reason for which the premises is being leased for a short period is because

the lessee is a

(a) non-resident worker who is employed either for a period less than six (6)

months or only to complete a specific task within a maximum period of six (6)

months;

(b) non-resident student who is enrolled in courses for less than six (6)

months;

(c) resident who needs to rent an alternative primary residence for a period of

less than six (6) months;

(d) non-resident who needs to rent a tenement for a period of less than six (6)

months, and he is not seeking to establish his long residence in Malta.

………………………….………………………………………………………

…………………………………………………………………………………

………………..........................................................................................……

[specify one of the reasons contained in the law] and such reason is being

attested by the relevant documentation contained in Annex A.

(iii) The lessee shall pay the lessor a monthly rent of €…………………….. which

shall be payable on ……………………… [day of the month]. Payment shall

be affected via

Cash/Direct Debit

Details

…………………………………………………………………………………………

[bank details].

(iv) This agreement shall not be renewed.

(v) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta]

Deposit

(i)

The lessee hereby pays unto the lessor who accepts and issues due receipt, the

further sum of € …………… being a deposit paid by the said lessee in security

of the payment of such amounts which in terms of law or of this agreement are

payable by the lessee.

(ii) The deposit paid in terms of this paragraph is to be retained by the lessor for

the duration of the lease and shall be thereafter released by the same lessor, in

part or in whole, as the case may be, provided that the premises after having

been inspected by the lessor (or his agent) is found to be in the same condition

(except fair wear and tear) as it was when occupation was effected and upon

verification and confirmation of the payment by the lessee of all such amounts

which in terms of law or of this agreement are or shall become due by the

lessee.

(iii) Annex B shall include an inventory containing all the movables present in the

premises. The list shall include photographs of the state in which any of the

movables have been delivered to the lessee.

(iv) The payment by the lessee of the deposit set out in this paragraph shall not

release the lessee from the obligation to pay such amounts which in terms of

law or of this agreement are payable to the lessor.

(v) The lessor shall be freely entitled to set off and thereafter retain, the deposit or

part thereof, against the unpaid portion of such amounts which in terms of law

or of this agreement are payable by the lessee.

(vi) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta].

Use of the Premises

(i)

The lessee shall exclusively utilise the premises as a residence, and is hereby

expressly precluded from utilising or permitting the utilisation of the premises

or any part thereof for any other purpose.

(ii) The lessor will not recognise any other person than the lessee for complete

responsibility of the property in question.

(iii) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta].

Condition and Preservation of the Premises

(i)

The lessee acknowledges to have examined the premises and in consequence

of such examination, the lessee declares that there are no apparent defects on

either the immovable or the movables except those marked in the inventory.

(ii) The lessee shall make use of the premises with the care and diligence of a

bonus paterfamilias and shall execute all acts of ordinary repair and

maintenance of the premises as may from time to time be necessary, saving

any repair of damages caused by force majeure and without any fault of his

own.

(iii) Saving what is otherwise set out in this paragraph, all expenses incurred in

connection with repair and maintenance, internal or external, or imposed or

ordered by the competent officials or by law, including such expenses as are

necessary to render the tenement fit for utilisation as residential premises, shall

be borne solely by the lessor.

(iv) The lessee shall give timely notice to the lessor of all occurrences requiring

extraordinary repairs of a structural nature.

(v) All extraordinary structural repairs, save those occasioned or contributed to by

the acts or omissions of the lessee shall be executed by the lessor and the

expenses incurred or incurable in connection with such repairs shall be borne

by the lessor, and the lessee shall not, unless authorised so to do by the lessor,

perform or order the performance of any extraordinary repairs except in urgent

cases and only in accordance with the law;

(vi) At the termination of the lease, the lessee is to surrender the premises unto the

lessor in a good state of repair, clean and tidy, fair wear and tear accepted.

(vii) The lessee shall not, under any circumstance, and without the written consent

of the lessors, be entitled to execute and perform any improvements or

alterations of whatever nature to the premises.

(viii) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta]

Utility Bills & Services

(i)

The lessor shall ensure that all utilities and other fees or bills payable in

respect of rent/consumption until the commencement of the lease are duly paid

and settled.

(ii) Annex C shall include Automated Revenue and Management Services

(ARMS), Form H and Form N duly filled and signed by both parties to this

agreement.

[This clause may be omitted if the lessee applies for his temporary recognition

by the service provider.]

Both parties to this agreement declare that water/electricity meters were read on

…….....… [day] ……......…. [month] …......……. [year].

Water:………………….....................………………..

Electricity: …………………………............………..

(iii) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta]

Termination & Renewal Notices

(i)

The lessee, may at any time, after the expiration of the compulsory period

established by the law, notify the lessor of his intention to terminate the

agreement, in the manner provided for by the law.

(ii) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta]

Miscellaneous

(i)

[add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta]

Lessor

…………………………....……………………………………………………………

Lessee: ……………………………………………………………..........……………

PART III

LONG PRIVATE RESIDENTIAL LEASES

(Regulation 4)

Details

This, day of ............................................ By the present private writing there appear

on the one part ................................................... son of .............................................

and ........................................ neè ........................... born in .................................and

residing at .................................................................................... and user of e-mail

address ................................................ holder of a legally valid identification

document number ............... hereinafter referred to as the lessor.

And on the other part ......................................... son of .......................................and

.......................... neè ............................ born in …………….....…….. and residing at

.......................................................................................................... and user of e-

mail address ................................................ holder of a legally valid identification

document number .................. hereinafter referred to as the lessee.

And hereby the lessor is granting by title of lease to the lessee who under the same

title of lease accepts ……………………………….........................…….……………

…………………………………………………………………………………………

[address in full] hereinafter referred to as the premises, subject to the following

terms and conditions

Payment & Duration

(i)

The lease shall run for a period of …………. years / months with effect as

from the ….......... [day] of ……..…… [month] …..……… [year].

(ii) [Only in case of agreements exceeding one (1) year] After the first year of the

agreement the monthly rent may increase in proportion to the yearly

adjustment of the Property Price Index (PPI), published by the National

Statistics Office, provided that this increase does not exceed 5%.

(iii) The lessee shall pay the lessor a monthly rent of €…………… which shall be

payable …………….. [day of the month]. Payment shall be affected via

Cash/Direct Debit

Details

…………………………………………………………………………………………

[bank details].

(iv) Three (3) months prior the expiry of this agreement, the lessor may notify the

lessee about the decision that he will not be renewing the agreement. Failing

any such notification, the agreement will be renewed automatically according

to the conditions contained under this heading.

(v) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta].

Deposit

(i)

The lessee hereby pays unto the lessor who accepts and issues due receipt, the

further sum of €…………… being a deposit paid by the said lessee in security

of the payment of such amounts which in terms of law or of this agreement are

payable by the lessee.

(ii) The deposit paid in terms of this paragraph is to be retained by the lessor for

the duration of the lease and shall be thereafter released by the same lessor, in

part or in whole, as the case may be, provided that the premises after having

been inspected by the lessor (or his agent) is found to be in the same condition

(except fair wear and tear) as it was when occupation was effected and upon

verification and confirmation of the payment by the lessee of all such amounts

which in terms of law or of this agreement are or shall become due by the

lessee.

(iii) Annex A shall include an inventory containing all the movables present in the

premises. The list shall include photographs of the state in which any of the

movables have been delivered to the lessee.

(iv) The payment by the lessee of the deposit set out in this paragraph shall not

release the lessee from the obligation to pay such amounts which in terms of

law or of this agreement are payable to the lessor.

(v) The lessor shall be freely entitled to set off and thereafter retain, the deposit or

part thereof, against the unpaid portion of such amounts which in terms of law

or of this agreement are payable by the lessee.

(vi) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta].

Use of the Premises

(i)

The lessee shall exclusively utilise the premises as a residence, and is hereby

expressly precluded from utilising or permitting the utilisation of the premises

or any part thereof for any other purpose.

(ii) The lessor will not recognise any other person than the lessee for complete

responsibility of the property in question.

(iii) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta]

Condition and Preservation of the Premises

(i)

The lessee acknowledges to have examined the premises and in consequence

of such examination, the lessee declares that there are no apparent defects on

either the immovable or the movables except those marked in the inventory.

(ii) The lessee shall make use of the premises with the care and diligence of a

bonus paterfamilias and shall execute all acts of ordinary repair and

maintenance of the premises as may from time to time be necessary, saving

any repair of damages caused by force majeure and without any fault of his

own.

(iii) Saving what is otherwise set out in this paragraph, all expenses incurred in

connection with repair and maintenance, internal or external, or imposed or

ordered by the competent officials or by law, including such expenses as are

necessary to render the tenement fit for utilisation as residential premises, shall

be borne solely by the lessor.

(iv) The lessee shall give timely notice to the lessor of all occurrences requiring

extraordinary repairs of a structural nature;

(v) All extraordinary structural repairs, save those occasioned or contributed to by

the acts or omissions of the lessee shall be executed by the lessor and the

expenses incurred or incurable in connection with such repairs shall be borne

by the lessor, and the lessee shall not, unless authorised so to do by the lessor,

perform or order the performance of any extraordinary repairs except in urgent

cases and only in accordance with the law;

(vi) At the termination of the lease, the lessee is to surrender the premises unto the

lessor in a good state of repair, clean and tidy, fair wear and tear accepted;

(vii) The lessee shall not, under any circumstance, and without the written consent

of the lessor, be entitled to execute and perform any improvements or

alterations of whatever nature to the premises.

(viii) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta]

Utility Bills & Services

(i)

The lessor shall ensure that all utilities and other fees or bills payable in

respect of rent/consumption until the commencement of the lease are duly paid

and settled.

(ii) Annex B shall include Automated Revenue and Management Services

(ARMS), Form H and Form N duly filled and signed by both parties to this

agreement.

[This clause may be omitted if the lessee applies for his temporary recognition

by the service provider.]

(iii) Both parties to this agreement declare that water/electricity meters were read

on …...……[day] …..……. [month] …..……. [year].

Water:…………………………………....................

Electricity: ………………………………..........…..

(iv) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta]

Termination & Renewal Notices

(i)

The lessee, may at any time, after the expiration of the compulsory period

established by the law, notify the lessor of his intention to terminate the

agreement, in the manner provided for by the law.

(ii) If, within at least three (3) months of the termination of the present agreement,

the lessor fails to notify the lessee of his intention not to renew the lease, or to

renew it under different conditions, the present agreement shall be renewed,

under the same conditions, for a period of one (1) year.

(iii) [add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta]

Miscellaneous

(i)

[add any other clauses, deemed necessary provided that said clauses are in

full respect of the laws of Malta]

Lessor:…………………………………………...……………………………………

Lessee

……………………………………………...…………………………………………

PART IV

STANDARD FORM

This standard form must be attached to any private residential lease contract which

does not follow any of the model contracts contained in Parts I, II and III.

A. NAMES OF CONTRACTING PARTIES

Name of Lessor

ID Card / Company No.

Address of Lessor

E-mail address

Name of Lessee

E-mail address

B. TYPE OF PRIVATE RESIDENTIAL LEASE CONTRACT

a. Letting of Shared Residential Space

b. Short Private Residential Lease

c. Long Private Residential Lease

C. CONTRACT DETAILS

1. Address of Leased Property

2. Agreed use of the Property

Residential

3. Duration of Lease*

* Shared residential space and short private residential leases can only be agreed for a period

of six (6) months. Long private Residential Leases must have a minimum duration of one

(1) year.

4. Extension of Lease

Yes

No

If yes, the manner in which the lease can be extended

5. Rental Amount

Manner in which the payment is to be made

Cash

Direct Debit

Other

Specify Other

Any person entering a private residential lease contract

may use any of the model contracts contained in Parts I, II and III as

the case may be

(a) the model contract contained in Part I shall apply to

the leasing of shared residential space in accordance with article

16 of the Private Residential Leases Act;

(b) the model contract contained in Part II shall apply to

short private residential leases in accordance with article 2 of the

Private Residential Leases Act;

(c) the model contract contained in Part III shall apply to

long private residential leases in accordance with article 8 of the

Private Residential Leases Act.

(1) Any person entering a private residential lease

contract who makes use of a contract other than the model contract

contained in Parts I, II and III shall attach, to the said contract, the

standard form contained in Part IV.

(2) If there is any conflict between the contract and the

standard form, the details contained in the standard form shall prevail.

(1) For the purposes of the registration of the agreement,

the Housing Authority shall be entitled to request the identification

number of the parties appearing on the contract and their e-mail

address.

(2) The Housing Authority shall also be entitled to demand the

lessor to specify the number of occupants that shall reside in the

tenement in accordance with article 4 of the Private Residential Leases

Act.

(1) The Housing Authority shall retain any personal data Data retention.

for a maximum period of five (5) years from the date of termination of

the contract of lease

Provided that this period may be extended for the purpose

of the establishment, exercise or defence of legal claim and for legal

proceedings which may be instituted under any law.

(2) This regulation shall be read in conformity with the Data

Protection Act and the Regulation (EU) 2016/679 of the European Cap. 586.

Parliament and of the Council of the 27 April 2016 on the protection of

natural persons with regard to the processing of personal data and on

the free movement of such data, and repealing Directive 95/46/EC

(General Data Protection Regulation).

Deposit

Yes

No

If yes, specify amount

D. INVENTORY

The inventory is being attached to this contract under ANNEX

E. UTILITIES

The lessor is granting recognition to the lessee for the purposes of calculating the

correct tariff applicable for electricity and water supply, and granting the lessee

access to the account details relative to the leased premises, through

FORM H

FORM N

‡••‡‡ has applied for temporary recognition under FORM F2

F. NUMBER OF OCCUPANTS

This Annex forms part of the agreement between the lessor and the lessee in relation

to the property specified under Section C1 of this Annex.

To the extent that any inconsistency arises between the other terms of the agreement

and this Annex, the terms of this Annex shall prevail.

Lessor

………………………………………

Lessee

………………………………………

€1.35