Rent late

davindub

Mrs Shuttleworth wrote: »

Read the HAP Information Booklet for landlords. It is very clear about there being no agreement between the local authority and the landlord. It's even in the frequently answered questions.

This is evidenced by the (barmy) system of the local authority not paying the HAP payment to the landlord in a month if the tenant bounces paying their contribution to the local authority in that month. In effect the local authority follows the tenant in committing the illegal act.

If there was a binding agreement in place between the landlord and the local authority then LA's portion should still be paid regardless.

It isn't. There is no contract.

Ah now I get what you are saying, HAP has no privity with the lease.

Firstly the handbook is not really a good indication of the relationship of the three parties, there are legal tests as to what is a contract, so the form is useful evidence, the handbook advertising/ explaining briefly how it works is not. Same goes for RTB guides, etc.

If the courts were using handbooks as evidence, the tenants handbook does not state the tenant will have to pay rent to cover the waiting time for the HAP payment http://hap.ie/uploads/files/pdf/tenants-booklet-english.pdf, it states it pays in arrears for the month gone.


There is most certainly a contract there, either between HAP and the landlord or HAP acting as an agent of the tenant (as they suggest) dealing the landlord, in which case HAP have now established privity (Tomilson v Gill as I remember). Without having seeing the contract/form the landlord signs (form), i know that to be true, otherwise the landlord couldn't hold onto the money received from a 3rd party.

mrslancaster

Reading the HAP Booklet for Landlords - is this the part being discussed?

Section 3,
2) When the application is approved, the local authority will start making HAP payments on the last Wednesday of each month directly into your bank account subject to the scheme’s conditions. You should note that the earliest date from which a local authority will make HAP payments to you is the date they receive a complete and valid HAP application form from the applicant and you as landlord. If an applicant moves into a property before this date, they will be liable for any rent due.

davindub

mrslancaster wrote: »

Reading the HAP Booklet for Landlords - is this the part being discussed?

Section 3,
2) When the application is approved, the local authority will start making HAP payments on the last Wednesday of each month directly into your bank account subject to the scheme’s conditions. You should note that the earliest date from which a local authority will make HAP payments to you is the date they receive a complete and valid HAP application form from the applicant and you as landlord. If an applicant moves into a property before this date, they will be liable for any rent due.

Not sure at this stage! But I read it as if your HAP period starts say in September, HAP won't pay for August. Which makes sense, they won't pay arrears in rent in an existing tenancy, only the rent going forward.

bajer101

Lots of interesting legal opinions being offered and it would definitely be interesting to see how it would play out, but I have to be pragmatic here and do what I can to keep the roof over our head. I've exchanged a few emails with the landlord's agent and we have agreed to have a chat to try to resolve the problem.

Graham

Mod Note: bajer101 if you have an issue with a post, report it.