Rental abuse: One flat, two contracts, a hidden charge

Kamal and his friends were supposed to pay €1,000 per month in rent for a Pieta flat, according to the lease agreement registered with the Housing Authority. 

But in reality, they paid €300 more each month because the man who rented out the apartment made them sign a separate, unofficial lease agreement. 

Kamal, not his real name, told MaltaToday that he and his five roommates used to pay their rent to two separate accounts—€1,000 was paid to the landlord listed in the official contract, while the remaining €300 was sent to the Revolut account of the man, who acted as agent and manager. 

This newspaper has seen copies of two identical lease agreements for the same flat with only the monthly rent being different. 

Kamal said he and his roommates first found the flat on Facebook Marketplace and dealt with Anthony Sammut, who introduced himself as the flat’s agent and manager. Sammut flaunts his lavish lifestyle on social media. 

Kamal recounted how there were a few months when Sammut specifically requested he be paid his share in cash. “This dual payment system and the two lease agreements seemed strange to us,” Kamal said. 

When asked about the two identical lease agreements, Sammut told MaltaToday this was his way of collecting his commission for managing the property. “That was the agreement and they [the tenants] signed it,” Sammut insisted. 

Asked whether such an arrangement was normal for him, he paused and said, “that’s between me and my tenants.” 

New contract, steeper increase 

But the story did not end there. Kamal and his friends spent a full year living at the Pieta flat, it was time for the contract to be renewed. But instead of a renewal, Sammut drew up a completely new contract. In this way, nothing prevented him from increasing the rent by more than 5%. 

According to law, landlords cannot increase their tenant’s rent by more than 5% when renewing contracts. But given that this was a new contract, Sammut increased the rent by 7%. 

This time around, however, Sammut, listed himself as the property’s landlord. Sammut justified this, saying he “took over the contract from the owner.” 

The straw that broke the camel’s back for Kamal and his roommates came on 8 October when Sammut told them that he planned to add two more beds in the flat and take over one bedroom and bathroom. 

The tenants protested, pointing out that their lease agreement clearly states only six tenants can live in the flat. Sammut’s reply was brash, according to Kamal: “No problem. You’re evicted.” Sammut gave the residents just four days to leave. 

The reason Sammut gave Kamal for the eviction was that on one occasion, they were a few days late on paying the rent. Kamal told MaltaToday that this was because Sammut had to sign certain documents, which the tenants required as part of the procedures at Identita, the government ID and residency agency. 

“After weeks of refusing to sign these documents, we told him that he will be paid the rent due once the signed documents are received,” Kamal told MaltaToday. 

Desperate to find justice, Kamal tried to file a report at the Ħamrun police station but was turned away as he was told the issue was a civil matter. The police officer who spoke to Kamal told him that they can only intervene “if the landlord does something.” 

The knife incident 

On Monday, 13 October, Kamal and one more roommate stayed home and didn’t go to work, as that was the day they were meant to be evicted.  

Kamal recounted that at one point, the front door opened and Sammut walked in calmly. He started walking around the flat, seemingly checking the residence, all the while he didn’t say a word. 

Kamal said that once Sammut got to the kitchen, he grabbed a knife and told them to get out. The two roommates left all of their possessions in the flat and told the other tenants what had happened, as Sammut and two of his friends started changing the locks. 

Kamal’s friend at work heard of this and accompanied him to the Ħamrun police station to file a report.  

When confronted by MaltaToday about this incident, Sammut denied threatening anyone with a knife. He claimed that he only grabbed the knife because he didn’t have a screwdriver and wanted to change the locks. 

Belongings thrown out in garbage bags 

On this occasion, the police were slightly more helpful, sending two police officers to the flat so that the tenants could collect their belongings. When the tenants and police officers arrived at the property, they found all of their belongings in garbage bags and suitcases in the hallway.  

Kamal told this newspaper that the tenants also found cash missing from their wallets and the police officers present told them to include this in their police report. 

But even as they faced eviction, the police officers seemed in a rush to get back to the police station, telling the tenants to pack everything and leave. 

When asked, Sammut denied taking any money, and insisted that he placed some items in garbage bags because there weren’t enough suitcases. He also clarified that he was the one who paid for the garbage bags, and that he was accompanied by “cleaners.” 

That night, Kamal’s friend from work offered them a storeroom to keep their belongings, while they slept in two cabs. Two of the roommates worked as cab drivers. 

Kamal said the police sergeant informed them that they will receive a call when the police have an update on the case. 

By the time of publication, the tenants are yet to receive this call. 

“I’ve never had such an experience in Malta,” Kamal told MaltaToday, still in disbelief that he ended up in such dire straits. 

Kamal admitted that he and his roommates are cynical about any prospect of justice being done: “We accept that we are TCNs and we cannot get anything out of it.” 

Solidarjeta aiding tenants 

Aiding Kamal and his roommates to find justice is tenant union Solidarjeta. Upon hearing of the case, the union sent a legal letter to Sammut, although he simply responded by saying that the tenants are lying to the union.  

The union’s treasurer and secretary, Gabriel Apap also spoke to MaltaToday about the known practice of landlords getting their tenants to sign two separate lease agreements for the same property.  

He explained that in such cases, only the registered contract is valid, and tenants can claim the extra money they paid through a dispute tribunal as the union had done in the past. 

On the rent hike which exceeded the 5% annual cap, Apap stated that Solidarjeta has raised the issue with the authorities in the past.  

A parliamentary petition has recently been launched against such practices. Solidarjeta insisted that this loophole must be plugged in order to prevent the steep rise of rents on the islands.