Do I have to accept HAP payments as a landlord?

pollyhops

I have tenants in my house for the past 5 years or so and now they want to apply for the HAP scheme. My question is do I have to accept it? I read on the citizens info page that a landlord cannot refuse to accept hap payments but I'm seeing on forums where landlords are not.
I don't want to accept it, but if it comes to the case where I have to then what are rules regarding increasing rent (every 2 years as previously) and lease (fixed for a number of years)?
Thanks guys

Penny Tration

Well you can't kick your tenant out because you don't want to accept it, anyway.

Not sure what the story is with leases, but you can increase rent each two years in line with market rates.

foggy_lad

With HAP the rent is paid directly to you by the council so almost guaranteed. the council may want to negotiate the rent but you can insist on a price and can start evicting the tenants of the council wont pay as the council will not allow tenants to pay any extra on top of the monthly rent allowance.

sohappy

foggy_lad wrote: »

With HAP the rent is paid directly to you by the council so almost guaranteed. the council may want to negotiate the rent but you can insist on a price and can start evicting the tenants of the council wont pay as the council will not allow tenants to pay any extra on top of the monthly rent allowance.

In my case (HAP) the council pays me most of the rent and the Tennant pays me a small portion on top. All agreed by the council. I thought by my reading up on it that the council would pay the full amount and the Tennant would pay a portion to the council but it seems not. I think each council are making their own rules.

davo10

Have you increased the rent in the last two years?

pollyhops

That's interesting sohappy, I thought the same, that the council would pay me all the money. I'll check for my one.

davo10, I will be increasing the rent next March, that would be 2 years since I last increased it.

Moonbeam

sohappy wrote: »

In my case (HAP) the council pays me most of the rent and the Tennant pays me a small portion on top. All agreed by the council. I thought by my reading up on it that the council would pay the full amount and the Tennant would pay a portion to the council but it seems not. I think each council are making their own rules.

So it is the same as rent allowance for the landlord ?

Pro Hoc Vice

Moonbeam wrote: »

So it is the same as rent allowance for the landlord ?

According to this http://www.housing.gov.ie/housing/social-housing/housing-assistance-payment/housing-assistance-payment

The Council pay the rent to LL and the remnant pays the Council.

conor222

pollyhops wrote: »

I have tenants in my house for the past 5 years or so and now they want to apply for the HAP scheme.

If you've had them in place for 5 years, what about the HAP scheme makes them no longer desirable tenants?
Are they good tenants? If so why not take HAP.
If they're not, why have you let them live there for 5 years?

Does them being on HAP change the nature of the tenancy? (I don't know)

Pro Hoc Vice

conor222 wrote: »

If you've had them in place for 5 years, what about the HAP scheme makes them no longer desirable tenants?
Are they good tenants? If so why not take HAP.
If they're not, why have you let them live there for 5 years?

Does them being on HAP change the nature of the tenancy? (I don't know)

One advantage of HAP is the landlord can claim 100% tax relief on interest payments.

Jasper79

Pro Hoc Vice wrote: »

One advantage of HAP is the landlord can claim 100% tax relief on interest payments.

I didn't know this how does it work ? I've had RA tennnats for last 2 years, and have just taken a new one on, first months rent due next week .

Does it have to be HAP, or all rent allowance can allow 100% interest tax relief?

Pro Hoc Vice

Jasper79 wrote: »

I didn't know this how does it work ? I've had RA tennnats for last 2 years, and have just taken a new one on, first months rent due next week .

Does it have to be HAP, or all rent allowance can allow 100% interest tax relief?

It's HAP only as far as I know. The link I posted has the info.

sohappy

conor222 wrote: »

If you've had them in place for 5 years, what about the HAP scheme makes them no longer desirable tenants?
Are they good tenants? If so why not take HAP.
If they're not, why have you let them live there for 5 years?

Does them being on HAP change the nature of the tenancy? (I don't know)

Hap doesn't change the nature of the tennancy your rental agreement is with the Tennant and part 4 still applies.

Eric Cartman

pollyhops wrote: »

davo10, I will be increasing the rent next March, that would be 2 years since I last increased it.

I think your sadly stuck till march, after that just increase it as far above the threshold without going outside 'market rate' you can.

Ms Doubtfire1

thought denying a lease with HAP/rent allowance was no longer allowed? :eek:

pollyhops

Ms Doubtfire1 wrote: »

thought denying a lease with HAP/rent allowance was no longer allowed? :eek:

I'm inclined to think so now. I was seeing conflicting statement on forums and the citizens information so wanted to check for sure.

athtrasna

pollyhops wrote: »

I'm inclined to think so now. I was seeing conflicting statement on forums and the citizens information so wanted to check for sure.

Call the RTB. do not rely on unqualified advice given by strangers on an Internet forum.