Serious Landlord Problems- Help Appreciated!

I've posted a few times about the trouble I had with my previous landlord. When we moved out we paid him a lot of money- €750 for bills plus €250 towards some painting (I had marked the ceiling- we told him at the time and he told us not to worry about it but when it came to moving out he demanding payment so we paid for an easy life).

There was nothing in our rental contract saying we must pay for cleaning when we moved out, and he told us all along he'd sort that. Then when it came to moving out he said it was left very messy (it wasn't) and demanded €98. I wasn't happy about this but he began sending emails daily and for an easy life I said if I can see an official receipt then I'll pay.

The receipt he provided was a hand written scribble on a lined piece of paper. No heading, no company name, VAT number etc. Just Cleaning = €98 so I didn't pay it and blocked his email and telephone number.

It is now 5 months since we moved out and he's written a letter to our new address (which he can only have got from the estate agent I believe?) saying if we do not pay by May 31st, there will be interest added and he will take legal action. He's also sent the same letter to some old UK addresses of mine, a random Doctor, and a lawyer.

I don't feel like I can talk to our estate agent now as he's obviously giving my address out without confirming with me first, he also ignored a few emails I sent to him some months ago regarding another matter.

I don't really know how I'd go about getting legal advice and I can't afford to be paying out lots when the issue is only over €98.

Any advice? Can he take legal action in this case? Should I just continue to ignore him? I really do not want to pay this out of principle. If I pay it, whats to say he wont come up with ANOTHER excuse for another few hundred? I don't want to be bullied into handing over endless amounts of money to someone who failed to mention any of this to my face in the times we met after moving out- he was more than happy and polite. Only once everything was sorted and he knew he wouldn't see us again, the sexist ("as a woman you should have been more clean") emails demanding more money began.

I have tried reasoning with him via email numerous times- I explained how the place was not left in such a state, how cleaning wasn't included in the contract, how a scribbled piece of paper does not qualify for a receipt.

I also mentioned how he failed to inform us that a week after we moved in the building next door would be ripped down and rebuilt. We had to suffer for months of jack hammering just meters from us whilst we slept, we had our possessions broken as they fell off the shelves on the wall, the place was constantly covered in dust and fumes and we did not kick up a fuss. If the place wasn't totally clean it was only because of that building work and the fact the landlord didn't even get a cleaner in until about a month after we moved out.

ask for his official vat receipts for all his cleaning bills....and who he employed to do it....also if he is persistent it may be worth a punt to say that you will be in touch with the tax authorities over his rental income and billing.. I dare bet hes not declaring his income and trying it on....I know its not entirely reasonable to think this nor do it but i think hes being unreasonable and that calls for a return of that same treatment. good luck.

Hi,

I'm setting up a Expat info center about bad landlords and real estate agents. Feel free to send me the details.

In your specific case I would contact the agent and say you will pass on the details if the issue is not resolved. Please send me the details of the agents/landlord/address involved.

98 € is not a big deal! Don't pay and let your landlord take the case to court if your case is right! If not, make a deal in writing and pay 50 € to not be bothered with any claims in the future!

Cheers
Ricky

sounds like a plan to me ricky.....its highly unlikely they will go to notary or a court over such a small sum...it may take years and really isnt worth the effort...or potential costs. and am pretty darn sure the landlords are not that desperate for the money.

thats a fab idea ricky.....just what we need.

I am so glad that I own a property here and dont rent, It seems that there are so many Ar53h0l3s out there

I guess we have been extremely lucky as we have not had a bad one yet - three so far but all have been more than reasonable...so they do exist - just maybe got to go through some pain to find them in some cases.

As for a copy of the companies invoice for the cleaning, painting etc.. and to see the origional copy of the bills. Sounds horrible, I hope you get it sorted, good luck! :)

250 Euros FOR PAINTING A ROOF..98 E for cleaning?? I can tell you that he is doing this because a) you are an Expat b) you paid  him that sort of money from the start and so now he is trying to make an easy buck. As you said there is no reasoning with these sort of 'people' - things like these should be challenged from the start and apply the same criteria we use in the UK for Malta .. official receipts, and applying the contract to the letter. He is just making things up as he goes along and  the time of year to pay for his holidays. Ok.. what is the worst thing that can happen? You think he will take you to court when he is ripping you off, with no official receipts? Tell him to just try and take you to court and see how much of a case he's got.. as he got none at all! Good luck.

Thanks for all the support everyone :) exactly, a decent maid service costs about 30euro for a really good clean in my experience.

It's funny, he included about every address I've ever lived at (and some I never have) in that letter but yet forgot to include his own, so I can't even reply. I'll update if I hear anything else!

I feel right now like I'd rather he took us to court and we lose, than pay up, just to make a point and inconvenience him. And I feel we've got a good chance of winning considering the fact we met face to face to discuss these issues and he didnt say anything, he cannot provide a receipt (other than a scribble on some tal lira paper) and the large amount for cleaning!

Hes trying it on mate simple as....good luck

Good for you Haribo.. rest assured he will NOT bother with taking you to the courts.. he knows they are a joke in Malta and local all know that if he touches the courts, nothing will be done for the next decade or so. I bet he is also unwilling to pay for his lawyer - not pointing out the above points about receipts, his desire for 1 way communication only etc etc
All the best and keep us posted.

Maltese people are (ok not all to avoid being considered racist) mean, they try to get advantage of you for one cent. They lie most of the time, it's natural, no problem for us.
It's based on my experience since I've refurbished a house and believe me, I've seen everything. When you are stolen, they will say, they wanted to borrow you.
When obviously, there is a bad job done, it's always normal. They will tell you, I've spent 2 days for a job whereas they spent 2 hours or even no time.
In Malta, nothing is right, everything is no professional.

Malta is not UK, Germany, France, northern countries. Standards, there are not here.
Take the 98 euro bill letter and use it as a toilet paper. There are many beggars in Malta. Sorry but I've never seen this before.

My experience of Gozitans has been the opposite

Not sure how to reply to a specific person, but John20111, if you are not happy with the Maltese or your life there, why do you stay?  I have been reading a lot of what people have to say and have to say it will be helpful when I arrive.  I am a Maltese citizen born and always lived in Australia. My experience will probably be very different to most as I will have all my relatives helping me out. Sorry John2011

you can only speak as you find....not everyone is the same. just because some people find things unjust or unfair and dont like certain things that doesnt mean they dislike the rest - just accept that we are all different and accept that you are in an adopted country and you will be fine.

Hi Groto,

the saying 'if you don't like Malta why do you stay ' is so typical Maltese that I immediatly knew you were Maltese even if born and living in Australia. It's strange that you don't hear it from citizens in other countries when a foreigner says something critical about their country.

Citizens and foreigners complain and criticize things that are not working right in all countries. And there is nothing wrong about that. From my experience the Maltese themselves are great at complaining about everything from Arriva buses to who-knows-what. And strangely enough there are more Maltese living outside of Malta than in Malta! But I don't think it should be neccessary to leave a country if you want to complain about something!

We have a Maltese friend who came from Australia to live in Malta (in Rabat) and.... after two years they had to leave again and went to Germany because they could not get used to all those things they had to complain about on a daily basis and another of our friends was born on Gozo and emmigrated to Australia when he was 11. Now he is back in Malta after 40 years and , believe it or not, he complains a lot too -)))

So lets voice our opinions or complain, why not. And lets all stay on this wonderful island.

Cheers
Ricky

well said Ricky.....couldnt agree more...stay complain if its justified after all if you live here, pays your taxes and have a vote you have that right.

Ah well said:)  I take your point! Everyone is entitled to their opinion and can have a little moan about one thing or another. It's just that if you move to a country by choice and it is not your original birth country, I wouldn't stay if I had so many woes. Never mind I suppose I complained about different aspects of my other home Bali, where I have a house and still visit verity regularly even though I sometimes get a little frustrated by their sometimes corrupt  ways, thie disorganization, their slow way of getting things done,  attempting to get all they can out of you.......... Hmmmm I am a complaining too!
So proud to be a typical Maltese! Thanks everyone I enjoy this site! :):)

Hi Groto,

I look forward to meeting you in Malta. I'm sure we will find something to complain ....I mean talk , about -)))

From what you say about Bali you will be part of the club here in Malta !

Cheers
Ricky

Ha, ha,  I am sure I will fit right in! There is nothing like a good comp, oops I mean a good chat! :))))

sounds so familiar!!!!!

ricky wrote:

Hi,

I'm setting up a Expat info center about bad landlords and real estate agents. Feel free to send me the details.

In your specific case I would contact the agent and say you will pass on the details if the issue is not resolved. Please send me the details of the agents/landlord/address involved.

98 € is not a big deal! Don't pay and let your landlord take the case to court if your case is right! If not, make a deal in writing and pay 50 € to not be bothered with any claims in the future!

Cheers
Ricky


Ricky did you ever get this off the ground? as I would be interested in assisting in this regard

Hi toon,

no, I never got any feedback on this issue.

I'm not even sure if it really makes sense as I would really need to be a lawyer and judge in one to assess the claims made and we would only hear one side of the story anyway.

I'm already happy when and if we get feedback on the cases brought to our attention through posts.

Cheers
Ricky

I thinks its a great idea but suspect its fraught with legal issues and potentially liableous...which is a shame as i think its essential after many of the stories i have heard over the last 3-4 weeks

what is one meant to do to warn people of the unscrupulous entities?

Being Maltese and own a rental apartment myself, unfortunately I hear many stories like this every day.

I ask you one thing - has the landlord / agent issued any VAT receipt?  If NO report him and the agent to the VAT Department tomorrow, taking your contract as a proof.  It is the only tax department in Malta that takes action against tax frauds. 

Also report him to the Tax department in Floriana and Malta Tourism Authority since he should have a licence to rent his property, and I am pretty sure that owners with this kind of attitude do not have a licence.

For your next property, ask for a MTA licence and VAT receipt - a grey half page receipt - not a printed piece of paper.  A reciept from a cash register is also valid.  You should only deal with owners with a MTA licence and VAT receipt. These are the only serious landlords on the island.

Secondly he is just being bully since you were to kind with him.  Unfortunately these kind of landlords overshadow those that do a good job in taking care of their clients.

Third, having spent sometime myself in the UK, agents in Malta operate differently and only look at their pocket and do not care at all about you.  They are very friendly until you sign the contract, just 1 second later for them you are a complete stranger.  If you are dealing with an agent and you have 1 single doubt about him, find another one.  There are many on the island.

Thank you selfcateringmalta, I will certainly take note of what you say, especially as we need to rent a place from next July.

Thanks Redmik.  Few more tips...

1) If the agent starts loughing or inventing any fantacy stories when you ask for MTA (Malta Tourism Authority) that's a good sign that the agent is not a serious agent and I won't work with him in no way since he is your friend till the contract day.  Be aware that many properties especially the long term rental properties are not licenced.

2) If the property is not licenced and you love the property, then ask for a VAT receipt.  See my previous post.  Again get a valid receipt, otherwise RUN AWAY!  There are many vacant properties in Malta.  For sure you will find another one that you will love.

HOT TIP:
3) Make everything clear who is going to pay the bills.  Normally the landlord pay the bills, and make sure that there is no previous balance from the previous rental.  Make also sure that when you pay the bills, the owner does pay the bills.

4) Talking to an agent, they will ALWAYS tell you that they have other interest from other people in the property.  They also fake calls in front of you, in the sense they receive a call (normally they set an alarm) and fake a conversation with someone that has called for the same property that you are seeing. 98% this is not true since they apply the 'urgency marketing tactic' so you are indirectly forced to take a quick decision to rent the property if they see you interested.

5) Further to point 5, Do NOT let the agents get the feel that you love the property,  since as I said they will invent all kind of stories.

6) As I said there are many vacant properties in Malta since a lot has been build and not sold due to many reasons.  For sure you will find one that you love and keep an eye of your agents and landlord.

7) Have everything written down and take no word of mouth promises.  If the landlord does not want to cooperate (typical arrogant owners) RUN AWAY.

8) Take also photographs before / after you enter / leave the property.


These are some quick tips. 

Goodluck for everyone.

So, when you say agent, what do you mean?
Is that just some person on their own or a company?
Can I message you to discuss in private?
Thanks.

i guess it could be either or both redmik

its great to hear this from the horses mouth selfcateringmalta..am sure this is what we need to hear in order to stop people falling into this type of trap.

thanks
toon

Hi selfcatering,

very nice post. Thanks.

THe MTA licence is necessary for holiday/short lets to tourists. Once you have a Maltese ID card or residence certificate your future landlord does not need to have a licence to rent out to you!

Cheers
Ricky

Thanks Ricky as I was thinking of insisting on MTA Licence for our long term rental. Now I now I cannot.
What I have preferred to do, though often it costs more, is to use 'big names' when looking for services. I have found that though more expensive the standard of service is better.
So, I was thinking of applying the same principle to long term rental in Malta if we decide not to stay on Gozo.
So, who would anyone here recommend as a 'big name' agency?
Or does this idea not carry much when applied to agencies in Malta?
I was going to ask selfcatering this; to name the good agencies but I thought he may not have wanted to do so on an open forum.

I should say that Lynn and I are doing a lot of homework, in terms of searching for knowledge and other's experiences and we know what to expect when we move but recommendation and advice from others is much appreciated, grazzi.

Hi redmik - i suspect they are much the same and may actually come down to personal recommendations of individuals within the big names as opposed to assuming the big names are ALL better. In my experiences i tend not to trust any of them as theyre only interested in your money.....once the contract is signed thats it...and i have used three of the biggies....so i now tend to go on word of mouth but ask the every awkward questions before signing any agreement...

maybe i have just been unlucky - but three times - hmmm i wonder - maybe i am just cynical or sceptical I dont know.

you cat do enough research for sure.

good luck though

Hi ricky, it is true what you said onu MTA..I forgot that detail about ID Card..

But if you don't have ID card yet and you are still finding your feet here, I think its safe to first to deal with serious landlords.  Asking for MTA licence is a safety step altough for long lets probably you won't get it. For sure ask for VAT receipt. Tax on these rents normally is not declared, so they won'tt give you a receipt.

@redmik:
You can message me in private no problem.

Agents in Malta as far as I know work on commission basis only.  They may work for big companies in Malta (those you find first pages in Google), so when they work with them it means they have access to the company database of properties.  If they sell / let a propery, of course they get a commission and also the company gets a slight percentage of that commission.

So any agent is acting as the middle man between you and the owner.  He may work on his own with his own set of properties or through the big companies.


Note: I don't think I suppose to be in the forum since I am Maltese, but I while googling I found this forum, and I said 'I think I can help these people'.  I don't work with agents or anything and have no relation with any of them, but I know how they work, since I when I tried to use them in the past - it was a nightmare.  One day I tell you how criminal one particular famous agent was!

Upto to 3 weeks go, I called all adverts in the Times Of Malta classifieds, since I am looking to buy another apartment in Sliema, and guess what - I went to see no apartment.  They are still dancing with the same lies when you call them, and misleading adverts.

So just be careful, and hope I was helpful in some way or another.

I can't help but feel that the older one becomes the easier it is to accept other people's differences, systems of government, law etc. One also learns to understand what can and cannot be changed especially when living in another's country. One learns to accept or not, to live there or not. One also learns not to compare one country with another, especially when the cultures are so different. To understand that, one has to learn the country's history.
Also, complaining is based upon a personal opinion and what is OK for many may not be for an individual but I suggest, one should take a utilitarian perspective based upon the simple fact the government (and therefore that country's systems) is selected by the country's population, not by visitors.
I think that most would agree that it would be very arrogant to try to change anything when one is a guest in another's country.
This is not to be confused with action taken against unlawful and/or discriminatory practises but again one has a choice, to remain or otherwise.

PS. VAT is paid on most services provided, that includes the service of providing property as that provides income to an individual or company which should (but not always is) declared.

See: http://en.wikipedia.org/wiki/Value_added_tax

A value added tax (VAT) is a form of consumption tax. From the perspective of the buyer, it is a tax on the purchase price. From that of the seller, it is a tax only on the value added to a product, material, or service, from an accounting point of view, by this stage of its manufacture or distribution. The manufacturer remits to the government the difference between these two amounts, and retains the rest for themselves to offset the taxes they had previously paid on the inputs.
The value added to a product by or with a business is the sale price charged to its customer, minus the cost of materials and other taxable inputs. A VAT is like a sales tax in that ultimately only the end consumer is taxed. It differs from the sales tax in that, with the latter, the tax is collected and remitted to the government only once, at the point of purchase by the end consumer. With the VAT, collections, remittances to the government, and credits for taxes already paid occur each time a business in the supply chain purchases products.

selfcatering..............Grazzi hafna habib.

Hi selfcatering,

we are glad to get good input from any member , not just Expats. Of course Maltese are welcome to participate in the forum.

In will be just as interesting for us Expats to hear things from a Maltese point of view , just as much as it will be interesting for you to hear things from an Expats point of view.

Grazzi hafni for your very good tips.

Cheers
Ricky

Ooops! Did I get hafna wrong? Sorry if I did.
Seriously; educate me.

hafna is fine

as is mehmx im nix (memsh im neesh)
you are welcome

or iddiverti seibhi (have fun my friend - i think).

Oooops .Sorry ! -)))

My typing mistake ......

Of course it is grazzi hafna

Cheers
Ricky