In an update to the residence permit application process, a new requirement has been introduced: lease agreements must now be officially attested by a notary, lawyer, or legal procurator to be accepted as part of the documentation. This change is poised to have a significant impact on both applicants and landlords, and it’s essential to understand what it entails and how to comply.
Why Residence Permits Matter
Residence permits are crucial for individuals seeking to live in a country for an extended period. It allows non-citizens to legally reside in a country, whether for work, study, or other reasons. One of the essential documents often required for a residence permit is proof of accommodation. Lease agreements serve as this proof, confirming that the applicant has secured a place to live.
The New Requirement on Lease Agreements
Starting 1st September 2024, authorities have mandated that lease agreements included in residence permit applications must be officially attested by a notary, lawyer, or legal procurator. This process confirms the authenticity of a document, ensuring it is legitimate and free of fraud. In essence, officially attesting a lease agreement gives it legal weight, verifying that both the tenant and landlord are bound by its terms.
For residence permit applicants, this means that before submitting their lease agreement, they need to have it officially reviewed and stamped. Failure to do so may result in the rejection of the application.
Why Was This Change Introduced?
This new requirement was likely implemented to enhance the integrity of residence permit applications. In recent years, there have been growing concerns about fraudulent lease agreements, where applicants might present fake or informal contracts to satisfy the housing requirement. The new process helps mitigate this risk, ensuring that only legitimate contracts are submitted.
This new requirement was likely implemented to enhance the integrity of residence permit applications. In recent years, there have been growing concerns about fraudulent lease agreements, where applicants might present fake or informal contracts to satisfy the housing requirement. The new process helps mitigate this risk, ensuring that only legitimate contracts are submitted.
Additionally, this change could help ensure landlords are aware of the terms and conditions under which their property is being rented, protecting both parties in the lease agreement.
However, the implementation of this law has created significant challenges:
The new requirement has led to landlords potentially refusing to rent to Third Country Nationals (TCNs) due to the additional requirement to visit a notary, lawyer, or legal procurator. This added step has caused frustration and reluctance among landlords.
The Role of Licensed Estate Agents is already regulated by the Financial Intelligence Analysis Unit (FIAU) to conduct due diligence and anti-money laundering checks. Despite this, the authorities do not trust Licensed Estate Agents to confirm identities, further complicating the process. Allowing real estate professionals to handle identity verification streamlines the process and alleviates some of the burdens caused by the new law.
If you oppose the mandatory attestation by a notary, lawyer or legal procurator, of lease agreements presented as part of an application for a residence permit by third country nationals, please sign the following petition. Sign the Petition Here – It only takes 2 minutes!
How to Officially Attest Your Lease Agreement
Officially attesting your lease agreement is a straightforward process, but it requires attention to detail:
- Gather Required Documents: Make sure you have the original lease agreement and identification documents for both the tenant and landlord. The notary, lawyer, or legal procurator will need to verify the identities of all parties involved.
- Find a Notary, lawyer pr legal prosecutor: Most cities in Malta and Gozo have public notaries and lawyers who can provide this service. You can search online for notary offices or check with local government buildings or law firms.
- Schedule an Appointment: While some accept walk-ins, it’s usually best to schedule an appointment to avoid delays. Make sure both the tenant and landlord are present, as they will both need to sign the lease in the presence of the notary/ lawyer or legal prosecutor.
- Pay the Fee: These services usually come with a fee. Be sure to inquire about the cost beforehand.
- Receive the Stamped Document: Once the official has confirmed all parties’ identities and the validity of the document, they will stamp the lease agreement, making it official. This officially attested lease can then be submitted with the residence permit application.
Challenges You May Face
While the process is a relatively simple process, there are some challenges you might encounter:
- Availability of Notaries, Lawyers or Legal Prosecutors: Make sure to plan ahead and locate a notary well before your application deadline.
- Costs: Fees vary, and for applicants on a tight budget, this may represent an added burden. It’s important to be aware of any associated costs.
- Timing: The process can take a few days, especially if multiple parties need to coordinate schedules. Delays in the lease can, in turn, delay the residence permit application process.
Impact on Residence Permit Processing
This new requirement may slightly extend the time it takes to complete the residence permit application. Authorities will now be checking for officially attested documents, and any failure to comply with this new rule could result in a delay or rejection. Therefore, it’s crucial for applicants to ensure their lease agreements are properly attested and submitted within the required timeframe.
However, for those who follow the new process correctly, officially attesting the lease agreement could actually speed up the approval process by reducing instances of document fraud and incomplete paperwork.
How Can you Help?
The new law has created unnecessary complications for landlords and applicants alike. It’s time to simplify the process rather than adding more hurdles. We believe that Licensed Estate Agents, who are already regulated and trusted for due diligence and identity verification, should be authorised to handle this task.
Please support our cause and sign our petition against the mandatory attestation of lease agreements by notaries, lawyers, or legal procurators for residence permit applications. Your support can make a significant difference and help reduce the bureaucratic burden on everyone involved.
Sign the Petition Here – It only takes 2 minutes!
At BENESTATES, our dedicated agents are committed to supporting you through every step of the rental process, including navigating the new requirements for lease agreements. We understand the complexities and challenges introduced by the recent changes and are here to make the process as smooth and straightforward as possible. Whether you’re looking for your next rental home or need assistance with lease agreements, our expertise ensures you’re in good hands. Contact one of our offices today or start your search for your next rental home in Malta with us. Let us help you find your perfect home – efficiently and effortlessly.
