Serious Landlord Problems- Help Appreciated!

In case anyone is wondering I wrote response #35 in response to PEProChef whose original posting, to which I replied, seems to have disappeared. Without that connection what I wrote seems a bit pompous - sorry, but not my fault.

Yes of course you did

lol.. dont worry i am sure nobody will take it that way

J.

Please find responses to various others below, without mentions, to avoid being flagged for TOS.

I think the web, including forums, is a little dangerous for advice in such matters and could cost you more cash if you get the wrong instructions but I second the motion made in the sense that you actually should want this guy to make a claim against you because that gives you access to his address, you can argue your side with a chance of the ruling being in your favor, counter sue, etc.

My thoughts exactly in reference to the United Kingdom, France or even America and Spain because coming from these type places will make it difficult to find similar standards from what I found after becoming an expat. Why lie about it because if you ask me there are very few people that do anything for anyone in a way to better this world, not just those closest to you, without receiving some kind of benefit from it or doing it in a professional manner like treating others equal to you but I can understand some are scared, been taken advantage of, etc.

Yours Truly,

Former Volunteer

I think the majority here have little faith in the governing offices and were suggesting you lose money by obtaining legal services or whatever but for me I say file away - as in complaints, court suits, etc. The judges ( atleast in America ) usually award punitive damages and lawyer fees if you prove your case. A lot of other things can help you if you TRULY FEEL THE SYSTEM TAKES TOO LONG TO PROVIDE ASSISTANCE like maybe your embassy or consulate, what about public officials, the media, etc ????

Sorry but can you all explain VAT to me because the United States has sales tax and that has nothing to do with our rental propertie.

My favorite thing to do is complain about this or that in Spain but no place in this world is perfect anyway and maybe one day my rants will change something. How does anyone or anything improve if the entire world is just walking around accepting the insufficient ways, products, services, etc.

VAT is a sales tax - in Malta its on rents, or should be, at a lower rate than the standard 18% (think rents are 5 or 7%). Its already included in the sticker price you see for almost every item, but some items are exempt/zero rated - eg nearly all foods are 0%

It is 7%.

Thanks Rednik, George and SelfCatering ... for more information on the tax - a little embarrassed because even on my profile or my personal website I list things like accounting as a loose interest.

is it 7% on all rental properties both long term and short term

toonarmy9752 wrote:

is it 7% on all rental properties both long term and short term

good question - maybe why at the back of my mind I had both 5 and 7% is that its lower on long term

how much does it cost for an MTA licence and is that solely for short term holiday lets and not long term lets...and is there any penalties for letting long term in a short term let?.

how much does it cost for an MTA licence - 100-200 euros per annum I believe

and is that solely for short term holiday lets and not long term lets - yes

...and is there any penalties for letting long term in a short term let?. no

http://www.mta.com.mt/licences - loads of categories

Not 100 - 200 ... it depends on location (prime factor), number of bedrooms, the star level based on the amenities the apartment have and others.

For mine I pay over 400+  year.

12. Does VAT apply to the renting/hiring of flats, houses, etc.?   
Letting of immovable property is exempt without credit except in the following situations:
   Letting for the purposes of accommodation in any hotel or guest house or similar establishment or in any holiday camp or camping site
   Letting of accommodation in holiday flats required to be licensed in virtue of the Malta Travel and Tourism Act.
   The letting of immovable property by a limited liability company to a registered person for the economic activity of that registered person.

or another site

Letting of property is exempt without credit which means that no VAT shall be charged on the rent. However there is an exception in the following cases:

the letting or property licensed by the H.C.E.B.
the letting of property by a limited liability company to a person registered under article 10 for his economic activity.
licensed car parks                     
letting of permanently installed machinery and equipment


so if anything the landlord may not be paying income tax. unless you live in a hotel/guest house/similar VAT has nothing to do with it

what is meant be economic activity of a registered person?

it means that that person carries out his business out of that rented property. e.g an office or shop. doesn't generally apply to flats, unless used as an office of course and so on

THANKS

Hi,

How does one report to the Tax department?

7years of nice relationship with no contract and no receipts, until i moved out and asked for my deposit back.
I know i can't prove anything and may wave good bye to my money, but if they continue ignoring my request i'd like them to start paying taxes (they have about 10 flats and i doubt they declare any of the income).

Thanks

Walk away. No contract? No receipts? No proof. = no case.

Malta mt wrote:

Hi,

How does one report to the Tax department?

7years of nice relationship with no contract and no receipts, until i moved out and asked for my deposit back.
I know i can't prove anything and may wave good bye to my money, but if they continue ignoring my request i'd like them to start paying taxes (they have about 10 flats and i doubt they declare any of the income).

Thanks

As Red said, walk away. You are just as at fault and liable for not reporting no receipt on day one. The deposit is called 'first and last' to the Maltese...In other words, the last months rent. In all the years here and moving of flats, a deposit has never been returned to me.

redmik wrote:

Walk away. No contract? No receipts? No proof. = no case.

Well if MALTA MT has been living there for 7 years it should be easy to prove. Unless the landlord tells the tax people that they have lived there for free!

Report him, if he has paid tax then they will take no action, if he has not then they may start asking questions.

Let him know what you intend to do and the reason why, you may be in a stronger position than you think.

You have nothing (more)to loose.

Well, there is now a friend of mine in the same flat. Has contract but no receipts.

tearnet wrote:

redmik wrote:

Walk away. No contract? No receipts? No proof. = no case.

Well if MALTA MT has been living there for 7 years it should be easy to prove. Unless the landlord tells the tax people that they have lived there for free!

Report him, if he has paid tax then they will take no action, if he has not then they may start asking questions.

Let him know what you intend to do and the reason why, you may be in a stronger position than you think.

You have nothing (more)to loose.

Totally agree with tearnet on this one - dont let him get away with it - someone else will end up in this boat after you - but just be aware that if he is evading tax then he may implicate you as a willing accomplice to the evasion....believe me it does happen.

Malta mt wrote:

Well, there is now a friend of mine in the same flat. Has contract but no receipts.

well if your friend is willing, then he needs to do it now. I got this information from the police recently. How true it is I don't know, as we all know how Maltese officials will say what ever they think is right!

and whatever they think will placate you

an interesting article for sure

http://www.maltatoday.com.mt/en/busines … t-20130604

but the bit that tickles me is the this bit
" XXXXXXXXXX was charged with having rented a flat in St Paul's Bay without the necessary licence from the Malta Tourism Authority. He was found guilty and fined €1164.69. xxxxxxxxx appealed the sentence on the grounds that the prosecution had produced only one witness and that the tenant was a European Union citizen and therefore cannot be defined as a tourist. If this were the case, the law would be discriminatory and in breach of the right of freedom of movement of EU citizens within the
EU. The appellant ask the court to refer the issue to the Court of Justice of the European Communities."

Hi Malta mt,

just out of interest , how did you prove your address to apply for residency over the last 7 years without having a rental contract?

Cheers
Ricky

The question is - how to report?
Do i go to inland revenue dep and say: hi, i'd like to report..
Anyone knows the procedure?

This is regardless of whether i have the case or not.

Thanks

Hi Malta mt,

yes, just make your way to the IRS department in Floriana and report the details of your case and the fact that you have been paying rent for 7 years without receiving a receipt.

http://www.ird.gov.mt/feedback.aspx

Take your e-residence card and passport with you.

Quite easy really.

Cheers
Ricky

Excellent!
Thanks a lot Ricky!

hi everyone! talking about rental receipts, does a piece of paper written bu the landlord counts as receipt? that is what i got for november.. and no receipt at all for october..  is that normal? shouldn't he have 2 or 3 copy cheques? i.e one for us one for him and/or the inland revenue?

martelli wrote:

hi everyone! talking about rental receipts, does a piece of paper written bu the landlord counts as receipt? that is what i got for november.. and no receipt at all for october..  is that normal? shouldn't he have 2 or 3 copy cheques? i.e one for us one for him and/or the inland revenue?

Lol, you'll be lucky! If you start asking for proper receipts, they will end up putting the rent up to cover their tax!

For what it is worth, I have prepared my own receipts template and each time I complete a copy, broken down into rent, utilities and internet etc. My landlady signs for receipt, I scan the originals, give her copies and keep the originals for myself.
Easily done if one has a PC, printer and scanner.

We pay by cheque and the landlord gives us a receipt.

Hi , does anybody know what happens if you have to leave Malta before the end of a rental contract ? We signed up for a year but have to return to the UK after 9 months. Is there any financial penalty in these circumstances ?
Cheers

Depends on what it says in the contract

AGREED GnG

many contracts have a condition that if its beyond your control then they waive the balance of contract and can choose to keep or return the deposit... it will also depend on how good a relationship you have with the said landlord

Nothing in there about early termination , just that the agreement starts 1st August and ends 31st July. Only other relevant clauses state that if rent overdue by more than 15 days , the landlord can start eviction process !

In that case the landlord is entitled to the full rent, so up to their good will

It does say in our lease about the landlord agreeing to having pre-paid meters installed in the apartment but this hasn't happened , nor does it look like happening so I wonder if that might give us a little " bargaining power " so to speak ?

Moyes14 wrote:

Hi , does anybody know what happens if you have to leave Malta before the end of a rental contract ? We signed up for a year but have to return to the UK after 9 months. Is there any financial penalty in these circumstances ?
Cheers

Be prepared to lose your deposit, other than that I doubt he will do anything else.
Just give him notice with the reason why (ie leaving Malta) and ensure you pay utilities up to date.

Terry