The Basic Tenancy Agreement serves as a fundamental legal document for residential property lettings in Malta, designed to comply with the Residential Leases Act 2020 and other relevant legislation. This document is essential for both private and professional landlords seeking to let residential properties in Malta, establishing clear terms and conditions while ensuring legal compliance. The agreement includes mandatory provisions required by Maltese law, such as minimum lease periods, deposit regulations, and registration requirements with the Housing Authority. It's structured to protect both landlord and tenant interests while maintaining flexibility for various residential letting scenarios. This Basic Tenancy Agreement template can be used for apartments, houses, and other residential properties, incorporating all necessary elements for a legally binding rental contract under Maltese jurisdiction.
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1. Parties: Identification of landlord and tenant with full legal names, identification numbers, and addresses
2. Background: Brief context of the agreement and property letting
3. Definitions: Key terms used throughout the agreement
4. Property Details: Full description and address of the rental property
5. Term and Commencement: Duration of tenancy and start date, including any renewal options
6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and review mechanisms
7. Deposit: Amount, payment terms, and conditions for return of the security deposit
8. Utilities and Services: Responsibility for utility payments and service charges
9. Tenant Obligations: Primary responsibilities and duties of the tenant
10. Landlord Obligations: Primary responsibilities and duties of the landlord
11. Maintenance and Repairs: Responsibilities for property maintenance and repair procedures
12. Insurance: Requirements for building and contents insurance
13. Access and Inspections: Landlord's rights of access and inspection procedures
14. Termination: Conditions and procedures for ending the tenancy
15. Notices: How formal notices should be served between parties
16. Governing Law: Confirmation of Maltese law application and jurisdiction
1. Guarantor: Required when tenant provides a guarantor for rent payments
2. Pets: Include when pets are allowed, specifying conditions and additional deposits
3. Subletting and Assignment: Include if subletting or assignment rights are granted
4. Break Clause: Optional early termination provisions if agreed
5. Furniture and Appliances: Include for furnished properties
6. Special Conditions: Any property-specific rules or agreements
7. Energy Performance: Include when property requires energy performance certificate details
8. Short-Let Provisions: Include for tenancies less than 6 months if permitted
1. Schedule 1 - Inventory: Detailed list of furniture, fixtures, and fittings
2. Schedule 2 - Property Condition Report: Detailed description of property condition at start of tenancy
3. Schedule 3 - House Rules: If applicable, specific rules for property use or building regulations
4. Schedule 4 - Utility Reading Records: Initial meter readings for utilities
5. Appendix A - Registration Forms: Housing Authority registration documentation
6. Appendix B - Property Photos: Dated photographs of property condition
7. Appendix C - Energy Performance Certificate: Copy of current energy performance certificate
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