What To Do: When Letting Agencies Let You Down in Malta

  • 10.July 2013
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Smart Money rentingWhether you’ve just moved to Malta, are looking for a new home to rent in Malta, or are renting your property out, your letting agent is there to help guide you through some of the most important decisions you need to take, as well as to ensure that property standards are met.

Most of the time, they will do everything they can for you, and really earn your trust. But what should you do if the opposite happens and they let you down?

The General Rules:

  • Your Malta Letting Agent is bound by the law to deliver that which is stipulated in the rental contract.
  • This contract changes according to whether you are a landlord or a tenant, and it is important to know what the letting agency’s role encompasses in your particular situation.

Tips for Landlords:

  • If you are a landlord and the letting agency you are working with becomes negligent of your property, or if they leave it on the market after you have asked for it to be taken off leading to the property being rented out, then you are in no way responsible for the agency’s actions.
  • The best way to deal with this is to first contact your letting agency, and explain the situation. If they fail to sort things out, then it would make sense to get a lawyer involved.
  • Remember, however, that as a landlord you are responsible for most things that go wrong with the property that your tenants may complain about, including repairs and damages (unless otherwise stated in the contract, of course).

Tips for Tenants:

  • As a tenant, if you feel that your agency has let you down, it becomes a little bit more complicated because you are dealing with a middleman who has very little to no liability over what goes wrong.
  • Malta real estate agents can often help you get in touch with your landlord and might even lend a hand in sorting things out; however, unless it’s a matter of paperwork, it is your landlord who is most likely to be liable.
  • If it reaches the point where you feel the need to sue your letting agents, they can probably be arraigned in front of the Malta Small Claims Tribunal  for claims of up to €3,494.06.  Appeals can be made to the Court of Appeal. Any claims that are higher that the aforementioned sum must be made through a lawyer in front of the Maltese Court of Law.

Tips for Both:

  • Remember to document your communication (save e-mails, take photographs of damages, etc.) in order to have evidence and proof.
  • Always check with a lawyer to know your rights and whether you can claim compensation or not.
  • Keep in mind that the more established your Malta letting agency is, the more likely they are to do things by the book and to safeguard your rights, whether you’re a landlord or a tenant.

As part of our commitment to excellence this article has been brought to your attention to provide both landlord and lessee general knowledge about the Malta real estate market in terms of letting a property.