In addition, there appears to be a gap with respect to clauses to regulate expenses that may relate to invoices from Internet/TV service providers and other similar costs. Clauses that do not reflect the actual consumption of electricity and water bills or that do not regulate rent, deposit, insurance and common sharing contributions are prohibited by law. So how can we regulate these expenditures? Are the parties free to enter into separate private agreements to regulate them? Once again, legislative changes will be made to allow tenants and landlords to be informed of these situations. All private residence contracts concluded after the law comes into force, including express or tacit renewal, must be registered. Contracts that are not registered are null and void. The obligation to register the private lease is the responsibility of the lessor who must declare the contract to the Authority within ten (10) days of the start of the lease. An application for registration may not cover more than one private rental agreement. The law is also harsh for owners who have made an inventory of contents such as appliances and furniture condition. If any of these elements of the agreement are not established, the contract is null and void. The law provides that tenants cannot opt out of a private lease before a long private lease expires: if they are concerned about the registration of a contract, a tenant can apply to the Housing Authority for an independent investigation.
The case can be dealt with before the Rent Regulation Board and the housing authority can impose a three-year lease agreement at 75% of the market value of the property. Another concern that could be pointed out is that it is an end to a non-renewable LPRL. The law provides that in the absence of notification from the lessor to the lessor (at least three (3) months before the termination date, the LPRL will be extended by a period of twelve (12) months. This requirement is part of the scope of a non-renewable contract, in which non-compliance with the termination would lead to an extension to which both parties have not consented. So what? There are sufficient judgments on “consent” to the writing of several theses, but for this guide, suffice it to say that there are a number of judgments that have made it clear that consent to an agreement must be given freely or voluntarily and that it corresponds to the intention of the party. Permission is challenged when it is given in error and our courts have repeatedly declared agreements that, with the agreement of one or more parties, were wrong, null and void. While it is understandable that the law was developed with the intention of restoring the balance between landlords and tenants, which has been lost over the years, as was found at the beginning of this guide, this clause was developed in a vacuum of problem-solving or reaching a scope, without taking into account the much broader picture of Maltese law and jurisprudence.