HAP query/advice

direstraits

Hi all, my landlord has agreed to apply for the HAP scheme, he mentioned the council can (at their discretion) up the payment by 20% due the fact we are in a rent pressure zone. Our rent is 1,300euro we are in Dublin 7 area.

Can some clarify if that's true? Do you mention it to the officer when you hand in the form?

Thanks

The_Conductor

direstraits wrote: »

Hi all, my landlord has agreed to apply for the HAP scheme, he mentioned the council can (at their discretion) up the payment by 20% due the fact we are in a rent pressure zone. Our rent is 1,300euro we are in Dublin 7 area.

Can some clarify if that's true? Do you mention it to the officer when you hand in the form?

Thanks

My understanding is that regardless of whether, or not, you are a private or a HAP tenant- the rent amount is limited under the legislation to a 4% per annum increase in a rent pressure zone.

I am not aware of any discretionary increases by councils over and above RPZ maximum increases- and technically- they are in breach of the legislation- if they try to do this.

direstraits

The_Conductor wrote: »

My understanding is that regardless of whether, or not, you are a private or a HAP tenant- the rent amount is limited under the legislation to a 4% per annum increase in a rent pressure zone.

I am not aware of any discretionary increases by councils over and above RPZ maximum increases- and technically- they are in breach of the legislation- if they try to do this.

My landlord is telling me he wants to get more for the property (shocking!) and he hasn't increased it in two years, according to the RPZ calculator he can only increase by 4% which he won't be happy with. Can he ask me to leave the home if he wants to increase the rent? living in said home for 5 years.

I read on a thread here (can't remember which one) at the discretion of the DCC officer dealing with my application, they can increase the payment (20%) if there is a threat of homelessness.

I was hoping anyone who has been through the HAP process could shed more light on it.

Sorry if i'm not making sense

The_Conductor

No- he cannot ask you to leave- because he is not in a position to increase the rent by over 4%.
Even if he did ask you to leave- and he relet the property- the rent is still set according to its previous level- the maximum he could ask a new tenant to pay- is your current rent +4%.

Note- the exact amount of the increase depends on when your rent was last reviewed- the first review after the new regulation- is 4% for the 24 months- if however your rent was last reviewed over 2 years ago- the increase could be on a prorate basis over 4%- cognisant of when the last increase was (as per the RTB Calculator Link here: https://www.rtb.ie/rent-pressure-zones/rpz-calculator )

There are only certain conditions which can be invoked for ending a tenancy- and the rent not being sufficiently high in the landlord's opinion- most certainly is *not* one of them.

direstraits

Even if he did ask you to leave- and he relet the property- the rent is still set according to its previous level- the maximum he could ask a new tenant to pay- is your current rent +4%.

In theory this is this case, however, a neighbour of mine just rented his home to students, at least 6 in the property @350e per tenant =2,100e cash.

The homes in my area for rent are asking for 2,000euro! He sees this on daft and wants to try get the maximum amount. I don't think he will want to keep receiving ''below'' market rate.

*Current rent we pay is 1,500e, we are due an increase as he has not put it up in two years.

The_Conductor

direstraits wrote: »

In theory this is this case, however, a neighbour of mine just rented his home to students, at least 6 in the property @350e per tenant =2,100e cash.

The homes in my area for rent are asking for 2,000euro! He sees this on daft and wants to try get the maximum amount. I don't think he will want to keep receiving ''below'' market rate.

Well, I'm sorry- but legally- that is what he is entitled to.
He is not entitled to the same as your next door neighbour- its called an RPZ, 'Rent Pressure Zone' and has specific rules governing increases in rent. He cannot run roughshod over the rules- and if he tries to- he risks you- or another party, taking a legitimate case to the RTB, and he wouldn't have a foot to stand on.

The rent your next door neighbour is getting- is irrelevant.
The fact that he was letting the property below market rates- is nice for you as a tenant- however, the landlord is not allowed to increase it above the limits as per the RPZ Calculator- with a few exceptions (such as significant changes taking place in the property- a renovation such as a new kitchen or bathroom- is not 'significant' in this context.

Your landlord is setting him/herself up for a fall.

ED E

The_Conductor wrote: »

He is not entitled to the same as your next door neighbour- its called an RPZ, 'Rent Pressure Zone' and has specific rules governing increases in rent. He cannot run roughshod over the rules- and if he tries to- he risks you- or another party, taking a legitimate case to the RTB, and he wouldn't have a foot to stand on.

While to the letter of the law thats true, you and I both know that pragmatically its not possible for prospective tenants to see the last tenants rent and the last tenant has to wait until a new lease is signed and then ask a stranger what their rent is.

As such the system doesnt work and the RPZ is arguably feck all protection. Landlords know this so leaning on it for protection may not work well for individual tenants as they still have to live somewhere, legal rent or no.

direstraits

ED E wrote: »

While to the letter of the law thats true, you and I both know that pragmatically its not possible for prospective tenants to see the last tenants rent and the last tenant has to wait until a new lease is signed and then ask a stranger what their rent is.

As such the system doesnt work and the RPZ is arguably feck all protection. Landlords know this so leaning on it for protection may not work well for individual tenants as they still have to live somewhere, legal rent or no.

My point exactly, while the law is there to stop increases above 4%, what's to stop him renting for whatever he wants to students (foreign) who wouldn't know or care how much the previous tenant was paying. I guess he can't turf us out, he will have to accept it unless he wants to move a relative in or something.

neris

The_Conductor wrote: »

The rent your next door neighbour is getting- is irrelevant.
The fact that he was letting the property below market rates- is nice for you as a tenant- however, the landlord is not allowed to increase it above the limits as per the RPZ Calculator- with a few exceptions (such as significant changes taking place in the property- a renovation such as a new kitchen or bathroom- is not 'significant' in this context.

Another case of a LL getting ****ed over again in favour of tenants rights