New Process for applying for residential tariffs

Toon wrote:

A new process is about to be launched for tenants to apply for residential utility tariffs without the need for Landlord permission  so watch this space as it should do a number of things which will benefit both landlord and tenant and make things less fraught.

Hi Toon,

Thought this had already happened last year, as per this article in ToM.

http://www.timesofmalta.com/articles/vi … ies.615486

Ray

No - that was a target date  but they havent achieved it surprise surprise -----  it hasnt even started as yet as its in the process still of the finer points which need to be carefully considered by all parties - and its complicated  - sadly more complicated than it needs to be!!!!!!

the new applicaton form is fraught with a number of issues which if not ironed out now will mean major problems for all and sundry

Toon wrote:

No - that was a target date  but they havent achieved it surprise surprise -----  it hasnt even started as yet as its in the process still of the finer points which need to be carefully considered by all parties - and its complicated  - sadly more complicated than it needs to be!!!!!!

the new applicaton form is fraught with a number of issues which if not ironed out now will mean major problems for all and sundry

Probably be left till long after the election then!!!

Ray

playing for time may well come into it but on this occasion its the expat lobby thats delaying it as the small print is very very tricky and fraught with issues. Those issues need to be resolved before progressing to launch... lets face it the whole thing is gubbed and needs a complete rethink and not a fudged mechanism to make an existing failure work

Toon wrote:

playing for time may well come into it but on this occasion its the expat lobby thats delaying it as the small print is very very tricky and fraught with issues. Those issues need to be resolved before progressing to launch... lets face it the whole things is gubbed and needs a complete a rethink and not a fudged mechanism to make an existing failure work

We are moving again in 2 weeks time and as before, we have ensured agreement on the utility bill at the contract stage. Both our last two landlords actually took form H in for us and this one is doing the same. We also have a clause in the contract that says we will only be liable for, and pay for, utilities at the 2 residents rate and on receipt of a copy of the bill.

Ray

excellent if only everyone did the same

The new process and forms are available NOW

NEWS
The new Arms Form F2 (recognition of tentant in a rented property) is available online now via the Arms portal allowing tenants to apply for the lower tariffs without obtaining LL permission but beware of the pitfalls as there are many.
just a few -

you may be breaking your existing contract if youve already agreed a contract to pay at a certain rate - if its perceived to be a breach then loss of deposit may occur too

a new contract may be required

the LL may not be happy at you going behind his back - which may make a fractious relationship even worse - it wouldnt be wise to not expect repurcussions

there is a €466 security deposit to pay plus a €50 registration fee too

we dont know at this stage how long it will take in practice to get a refund after final bills settled - should you leave the accom. I have only applied for refund once as a POA and it took 3-4 months.
you could of course opt for a DD mandate to apply but we dont recommend DD with Arms at this present time as there is no cap on payments being made - so they could technically take money from your account based on whatever their calculations are and we all know how bad they are at billing - leaving you to argue the overbilling to get it back and also potentially leaving your account without funds and then defaulting on their payments and others on your account

Try if you can to talk to him calmly and coolly and say look if you wont sign form H willfully then i will have no option but to go down this route, and will deem it a breach of contract on your part for failing to advise of the requirements for billing and if i am forced to leave as a result I will expect my deposit refunded in full

it also relies heavily on you having a bank account that is acceptable/ suitable to take their payments/refunds and we all know how difficult that can be to get an account

you as tenant and temporary account holder have to guarantee access to the meter this could be a problem.- if the LL gets awkward he could block access to the meters and your application wouldnt happen

It could also be a problem for mulitple tenants in multiple flats in the same building sharing one meter - and remember if its your application that bill may become yours and yours alone to pay meaning an approach to others in the block to pay their share = not good or pracitcal and nt recommended

we are not sure how this will be or can be applied in the case of renting from a company with multiple properties

these are just a few of the pitfalls of this new scheme - there may be loads more.

so think about it carefully

LINK TO FORM F2 - TAKE NOTE OF WHAT ELSE YOU NEED AND BE AWARE HE WILL HAVE ACCESS TO YOUR APPLCIATION DETAILS, CONSUMPTION DATA, BILLS AND PAYMENTS AND WHATEVER OTHER DOCUMENTATION HE CAN REQUEST FROM ARMS.

https://www.smartutilities.com.mt/wps/w … OD=AJPERES

Everyone must weigh up their own personal pros and cons on this - for some it may work but for many more it wont work and i think it stinks of a two tier tenancy - and I for one would not recommend its use, because i think its wrong that the tenants of a dodgy landlord who denies you the residential tariffs by not signing form H MUST PAY €516 and those with the legit landlord who will sign form H and alllow residential tariffs  PAY ABSOLUTELY NOTHING

Good luck y'all

If you do go down this route please also consider filing the redress Form H1 at the same time to place your claim for refund of all overcharges when you were on the considerably more expensive domestic tariff

Form H1
https://www.smartutilities.com.mt/wps/w … OD=AJPERES

So, presumably, you are actually having the account put in your name rather than being added to the landlords account as a resident?
If that is the case I can imagine all kinds of problems for people who move 2 or 3 times in quick succession as normally you can only change as a resident once in 12 months, but you could finish up with more than one account.

Ray

its a tempoaray account with you named as a temp account holder but its still controlled by the LL who gets copies of the bills etc

It is also as outlined fraught with lots of issues - but as always an ill thought out and ill conceived plan mechanism and i think deliberately designed this way for their own ends in protecting themselves and their LLs

i actually think its designed in such a way to make it unattractive to the tenants to keep them on the considerably more expensive domestic rates  - - think about it - average prices now are prob around €700  a month  os €700 rent - €700 deposit - €350 agent - €516 utility deposit and reg fee - TOTAL €2216 TO FIND AND  RENT A PLACE

Ive even seen and heard that some agents and LLs are now asking 3 months rent as deposit...


MY BEST ADVICE IS TO TRY AND TALK YOUR LANLORD ROUND TO SIGNING FORM H AND ASSURE HIM THAT IT DOESNT EXPOSE HIM TO ANYONE - THE DATA PROTECTION ACT PREVENTS THAT FROM HAPPENING - THOUSANDS ALREADY DO IT AND IT COSTS NOTHING TO DO  - OF COURSE THERE ARE TRUST ISSUES AS SOME GOOD LANDLORDS MAY HAVE BEEN CAUGHT OUT BY UNSCRUPULOUS TENANTS WHO HAVE LEFT LARGE BILLS AND DAMAGES BEHIND... GOOD LUCK TO YOU ALL

I wonder how many people will now leave the island or how many people will now reconsider their moves to go elsewhere?

would it suprise you to know that as a result of this new form and its issues it has highlighted a major issue with peope who claom rent subsidy - and that many of these people claiming are on the DOMESTIC RATE....

never ever assume that your landlord will give you YOUR right to residential tariffs when living in his property -YOUR PRIMARY RESIDENCE- he may not sign it for you for a number of reasons
a.....tax evasion on his undeclared rental income
b.....impacts on his pension
c.....he may not even allow you to get the housing or even child benefit benefit that you also have a right to by not signing the appropriate forms - as that may also impact on his pension thru an unfounded fear of exposure to the authorities
d....he may have been caught out by previous tenants who havent paid bills - although I am still not convinced that this is a valid argument as keeping a  tenant on a much higher tariff is more likely to put the tenant in a position of being forced to leave high bills behind...... not a good situatuon for anyone
and thats just for starters - anyway the point is never assume he will allow you - always ask these questions before agreeing and signing a contract
ITS FOR YOUR OWN PROTECTION

If you are a tenant and have been overcharged for your electricity and water then please apply for the refund using the form H1 - - - - - You are entitled to claim for redress for the period of time you have been overcharged.

You will need to fill in Form H1 for each address. However, at this moment in time you WILL need the account holders signature and ID card details. You will get it but you have to have those forms signed by the LL For the refund ARMS will refund the tenant. You just put that in the covering letter as to why you are applying for redress

Note that you may be required to sign an affidavit at Arms offices to the effect that you swear that you lived at the addesses you claim.

For anyone who may be interested in opposing the new Arms Form F2 mechanism there is a petition to do so

here it is

https://www.change.org/p/joseph-muscat- … src-no_msg

JUST A WORD OF WARNING - just had word of yet another case of an unscrupulous landlord taking the proverbial out of their tenants by stealing their electric and water for the LLs own and the LL families usage and landing the unwary tenant with bills of over €1600 for 6 weeks ==== so the watch word here is have your meters checked by enemalta before you occupy the premises - EVEN IF YOU HAVE TO PAY FOR IT BUT ITS €70 WELL SPENT BUT IT WILL IMMEDIATELY PUT THE LANDLORD ON HIS GUARD - SO IF HE PULLS OUT YOU KNOW YOUVE JUST SAVED YOURSELF A LOT OF HASSLES - LEGIT LLS WONT MIND

Sad I know and you may think or feel it unnecessary but honestly, 4 cases ongoing right now - it is for your own safety and wellbeing

DONT TRUST YOUR LANDLORD TO BE HONEST AND UPFRONT WITH YOU UNTIL THEY HAVE EARNED THAT RIGHT - BEYOND THE SMILEY SMILEY FACE THERE CAN BE  A WORLD OF HURT FOR YOU. When they say its better for you to stay on the zero rated residential rate - IT IS NOT - BUT IT IS FOR THE LANDLORD

I will mitigate the above and say that not all landlords are bad there are lots of good ones too you just have to find them = but be aware that not all smiley smiley overly friendly landlords and agents are good ones

REMEMBER THERE IS NO REGULATION IN THIS SECTOR and very little protection for you as a tenant - so do your research do it well and thoroughly  -  protect yourselves at all costs  - IF IN DOUBT WALK OUT

This Times of Malta article really suggests this new F2 mechanism isnt acceptable for a number of reasons....

http://www.timesofmalta.com/articles/vi … E.facebook

it also raises the question as to why its taking so long to actually do the right thing

all it needs is for Arms (and Only Arms) to put a task force together and check every domestic rated property on their accounts and if there are long term tenants found to be living there then Arms (and only Arms) take actions to regularise the position and take the appropriate actions against the account holders as per their contract conditions - so the options are sign form H as is required, OR fine the account holder for failing to comply with the contract (as is required) and put the tenants on the account anyway OR disconnect the account holders address not the tenants address (these are both on the bills anyway) - this way they are complying with their own contract requirements and the requirements of the Data Protection Act by not disclosing this data to anyone other than themselves. Or is this just too simple

This simple You Tube video attempts to explain the difference it can make to you by  making sure you have form H signed by your landlord...... and remember this is based on only 4 people being registered - the form H approval  allows for upto 8 consumers per account to be registered on the apartment - - the more there are the cheaper your bills will be.... PROTECT YOURSELF - DEMAND YOUR RIGHTS TO RESIDENTIAL TARIFFS ON YOUR PRIMARY HOME

DONT FORGET IT IS THE LANDLORDS MANDATORY RESPONSIBILITY TO NOTIFY ARMS OF ANY CHANGES TO THE ACCOUNT AND THAT INCLUDES HOW MANY CONSUMERS ARE REGISTERED IN THE PROPERTY.... THIS IS IN THE DECLARATION HE PERSONALLY SIGNED ON HIS CONTRACT OF SUPPLY FOR ELECTRIC AND WATER. 

nb FAILING TO DO SO MAY SUBJECT THE OWNER LANDLORD TO A FINE,  DISCONNECTION AND / OR A POTENTIAL PRISON TERM OF UP TO 2 YEARS   

Which apartment would you choose
https://www.youtube.com/watch?v=raPlW9fHKiQ&t=5s

I noted that there is now a proposal that ARMS intends to charge tenants several hundred euros to effectively buy the residential tariff to which thety are entitled without the LL's agreement. This was in the Times of Malta a few days back and seems like yet another round of daylight robbery. This isue does not affecct me personally, but i am absolutally appauled by the very idea of such blatant highway robbery.

Form F2 the mechanism you refer to is not widely supported by tenants  mainly supported by Arms and the Landlords who it favours more than anyone.

i wouldnt reccomend doing form f2 its not fair to charge tenants because of their landlords

The attached video  helpsto explain thecirrentposition -- - - -all by design - to make sure you the tenant never ever go thru with the process and things remain the same.
Whilst at the same time the Malta government are able to appease the EU Commission by saying that they have resolved the matter - and they havent... all theyve actually done is protect the LL from being taxed and penalised for failing in their responsibilities to declare their rental income for tax and declare the correct number of consumers in their "empty" properties - NEITHER are being enforced to protect votes for power in the upcoming elections - and you the tenant are paying the price for it

https://www.youtube.com/watch?v=gFXeT7utoas

Further news and developments in the field of residential tariffs

Tenants infuriated by costly, complicated solutions to unjust higher-tariff system

http://www.independent.com.mt/articles/ … c.facebook

its all designed for their benefit, gain also LL protection and not in the interests of fairness - and that goes for Arms and Landlords (where many LLs are breaking the laws in so many ways - tax - epc - registration - and not being chased by arms for known false declarations).... and the tenant pays now to bypass that enforcement of laws and protect the votes - the tenant now has to find a massively unaffordable and unreasonable deposit.. what it needs is full regulation and enforcement of same, full co-operation for tax collection of evaded taxes, full enforcement of property energy performance certs, enforcement of property registration and finally Arms themselves need to check their whole system for obvious regular monthly usages on domestic rated property... ie those that cannot possibly be being used infrequently....