The Malta Independent 6 October 2024, Sunday
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MDA opposes Identita’s 'Lease Agreement Attestation Form', describes it as added bureaucracy

Wednesday, 18 September 2024, 13:25 Last update: about 18 days ago

The “Lease Agreement Attestation Form” introduced by Identita’ in a bid to combat fraudulent leases by roping in legal professionals has been totally opposed by the Malta Developer’s Association who said that the system is already “burdened with bureaucracy” and other measures, some of which already exist would achieve the same result.

The MDA said that when one compares Identita’s proposed measures to those of the MDA, the MDA’s system is “superior in every way” whilst being cheaper, less bureaucratic and more efficient. It added that the property owners should not suffer the consequences of the mistakes/abuse and/or negligence of any authority.

The MDA made reference to the statement issued by Identita’ yesterday in which it announced an agreement with a number of stakeholders regarding a new form, the “Lease Agreement Attestation Form”.

It began by saying that it doesn’t form part of the announced agreement but rather opposes the procedure for various reasons adding that it attended meetings with Identita’ and tabled “concrete” proposals that can address the abuse the authority is currently facing, particularly with the abuse by third country national (TCN) lessees that are registering applications with contracts of fictitious leases without the owner’s consent.

The MDA clarified that the position and the new obligation by the Attestation Form will mean that owners of property must sign every lease contract with TCN’s before a lawyer, a notary or legal procurator which will have a negative impact on owners and tenants by adding a great intrigue and additional professional fees as well as adding an inefficient and bureaucratic step in an industry which is already burdened with much bureaucracy. It said that whilst it appreciates the “genuine” intentions of Identita’ it believes that there are other measures, some of which already exist, as well as new ones which can achieve the same results, “if not more” without adding the aforementioned burdens.

The MDA said that its statement is furthermore done “with responsibility” since in its meetings it proposed that a true, certified copy of the ID card issued by a licensed professional by the state is requested instead of a visit to a professional for every lease. It said that this step as well as the pre-existent system of registration with the Housing Authority brings about the same effect by giving peace of mind to Identita’ that the lease registered in the residency application was done with the owner’s consent without “many useless steps”.

The MDA also proposed that since a considerable number of properties are leased through licensed agents, the same agents already serve as an “integral” step in this process and can make a declaration that they were present for the signing of the contract. Furthermore, it said that the agent is also in a position to confirm that the leased property really exists.

The MDA expressed its disappointment that its proposals were put aside and appealed to the government and the other authorities that before new procedures are implemented, a “profound” consultation should be carried out with the relevant stakeholders in a holistic way. It added that there is a need for the authorities to work together more and not separately since there are many bureaucratic procedures with no value which also cost a lot of money and consequently affect Maltese families.

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