thetenant.app

Three answers the Act gives, worked out.

How much the rent may go up, when a notice letter has to be posted, and the day the registration is due. Each one names the article it comes from, and each works the same whether you are letting the place or living in it.

How much can the rent go up?

Once a year, never in the first year, no more than the annual variation in the National Statistics Office Property Price Index, and never more than 5 per cent whatever the index does.

The most it could be

€840.00

A rise of €40.00, which is 5%.

Without the index this is the article 14(3) ceiling rather than your figure. The lawful increase is the index variation where that is lower than 5 per cent, and it usually is.

We do not publish the index. It is the National Statistics Office's own quarterly figure, and a number copied here would be out of date the quarter after. Take it from them and put it in the field.

When does notice have to go?

A long lease ends at its term only if the landlord sent at least three months' notice by registered letter. A short one runs the other way: the tenant is held for a month, then needs a week.

Which kind of lease

Put the start date in and the dates appear here.

When is the registration due?

Thirty days from the lease commencing, with the Housing Authority. A contract that is not registered is null and void, and the registration counts back to the day the lease started.

Put the start date in and the deadline appears here.

A tenant whose landlord has not registered may register it themselves at the landlord's expense under article 4(4), and may hold back part of the rent until they have the fee back. What else the Act gives a tenant.

Questions about all three.

How much can rent go up in Malta?
Article 14 of the Private Residential Leases Act allows one increase a year, none at all during the first year, and no more than the annual variation in the Property Price Index published by the National Statistics Office, taken as the average of the previous four quarters. On top of that, article 14(3) says the increase may never exceed the previous rent by more than five per cent. So the index sets the rise and five per cent is the ceiling on it, whichever is lower.
Can my rent go down if the index falls?
No. Article 14(4) says that if the average annual variation is negative it does not reduce the rent. The rent stays where it is.
When does a landlord have to give notice to end a long lease in Malta?
At least three months before the term expires, by registered letter, under article 9(1). A long lease ends at the expiry of its term only if that notice was given, and proving the letter was sent in time to the right address is enough. Without it, the lease does not end on that date.
Can a tenant leave a short private residential lease early?
Article 12 says the tenant may not leave in the first month, and after that may leave at any time on one week's notice by registered letter. No penalty may be imposed for it, and the parties are free to agree terms more generous to the tenant but not less.
How long does a landlord have to register a lease in Malta?
Thirty days from the lease commencing, with the Housing Authority, under article 4. Registering later is subject to an additional fee, and the Act does not say how much, so we do not state one. A contract that is not registered is null and void, and the registration counts back to the day the lease started.

These work out what the Act allows. They do not know what your contract says, and a contract may be more generous to a tenant than the Act requires. We are not lawyers and this is not advice about your own lease.