HAP - landlord Queries

Gampf

Hi

Few Questions as I’m confused. I recently rented out my house and approached by a girl I knew to rent. I let it with an agency to do viewings for her and set up everything and I submitted all requirements in November to letting agency as girl had qualified for hap. I made a agreement she could move in but would have to pay rent weekly till hap payment started and if over payment I would reimburse her.

She moved in Nov 17th will I only be paid from start of December?
She has been late with second week and nothing with 3rd week.im wondering what percentage of rent do hap pay. As I’m worried on going trend with her.

Thanks

hawkelady

You haven't been paid?? What did she say when you rang her ??

Gatling

It can take multiple weeks for hap to go through

Gampf

hawkelady wrote: »

You haven't been paid?? What did she say when you rang her ??

I rang but no answer

Gampf

Gatling wrote: »

It can take multiple weeks for hap to go through

Yes but will I be back paid from day she paid deposit and moved in

hawkelady

I'd be looking for a get out clause here. She's acting the maggot..... be firm with her or you'll be walked on ... throw her a text saying you'll call again at x time. If she doesn't answer , tell her you be calling over to issue her with a warning for late payment of rent. She'll answer the phone then I bet

Gampf

hawkelady wrote: »

I'd be looking for a get out clause here. She's acting the maggot..... be firm with her or you'll be walked on ... throw her a text saying you'll call again at x time. If she doesn't answer , tell her you be calling over to issue her with a warning for late payment of rent. She'll answer the phone then I bet

I know I should not actually be collecting rent and wait for HAP but I would struggle to meet mortgage the two months and cost of doing up house, ber report etc

The_Conductor

Gampf wrote: »

I know I should not actually be collecting rent and wait for HAP but I would struggle to meet mortgage the two months and cost of doing up house, ber report etc

HAP would not necessarily be backdated from the date she moved in- and in addition- is normally paid in arrears (whereas rent for any other tenant is paid in advance). Once HAP kicks in- the local authority pay you your rent in full- providing the tenant has made her payment to the council- if, for whatever reason, she doesn't make her payment to the council- you get nothing at all (i.e. you do not get the councils portion of the rent- you get absolutely nothing).

Its a perfect scheme for local authorities- they get to house people who can't afford to house themselves- however, all the risk, is knocked back on the landlord.

There is a direction from Eoghan Murphy's Department that all HAP properties must be inspected and pass a HAP inspection at least annually- and local authorities are getting better at addressing this. If the property fails its HAP inspection- your rent is stopped- until such time as any deficiencies are rectified, and it is re-inspected and the remedies confirmed.

If she is not making her rent payments at this stage- before HAP ever kicks in- you have to serve the 14 days notice- or else you're going to end up with a delinquint tenant and no means of getting any rent whatsoever from the council- and possibly a 12-16 month delay in getting your property back, while you jump through RTB hoops and hurdles.

Gampf

The_Conductor wrote: »

HAP would not necessarily be backdated from the date she moved in- and in addition- is normally paid in arrears (whereas rent for any other tenant is paid in advance). Once HAP kicks in- the local authority pay you your rent in full- providing the tenant has made her payment to the council- if, for whatever reason, she doesn't make her payment to the council- you get nothing at all (i.e. you do not get the councils portion of the rent- you get absolutely nothing).

Its a perfect scheme for local authorities- they get to house people who can't afford to house themselves- however, all the risk, is knocked back on the landlord.

There is a direction from Eoghan Murphy's Department that all HAP properties must be inspected and pass a HAP inspection at least annually- and local authorities are getting better at addressing this. If the property fails its HAP inspection- your rent is stopped- until such time as any deficiencies are rectified, and it is re-inspected and the remedies confirmed.

If she is not making her rent payments at this stage- before HAP ever kicks in- you have to serve the 14 days notice- or else you're going to end up with a delinquint tenant and no means of getting any rent whatsoever from the council- and possibly a 12-16 month delay in getting your property back, while you jump through RTB hoops and hurdles.

Thank you house it’s old and I think it would pass an inspection. I rang again and her dad arrived at letting agency with last weeks and this weeks

the_syco

Gampf wrote: »

I made a agreement she could move in but would have to pay rent weekly till hap payment started and if over payment I would reimburse her.

Gampf wrote: »

She has been late with second week and nothing with 3rd week.

She seems to have no intentions on paying any rent. Seems her plan was get a house, and stay there until evicted. Did you get references? Start the eviction process, tbh.

PeterCasey

Gampf wrote: »

I rang but no answer

Call to the house see what is going on get it sorted quick fast if she is not paying you what chance with hap if she missed a payment there you will not get payed.

muminpajamas

Have you called the HAP office to see what the story is with the rent?

Askthe EA

Alarm bells ringing...............

Gampf

muminpajamas wrote: »

Have you called the HAP office to see what the story is with the rent?

I sent email today

Gampf

Askthe EA wrote: »

Alarm bells ringing...............

It’s a balls .......

the_syco

muminpajamas wrote: »

Have you called the HAP office to see what the story is with the rent?

Why would HAP office talk to the landlord? Surely they'd only talk to the tenant?

Gampf

the_syco wrote: »

Why would HAP office talk to the landlord? Surely they'd only talk to the tenant?

I presume they would talk re payment I have heard nothing since giving in my information

The_Conductor

the_syco wrote: »

Why would HAP office talk to the landlord? Surely they'd only talk to the tenant?

Correct- they will only talk to the tenant (on data protection grounds).
Its one of the major reasons HAP is a nightmare for landlords- if anything goes wrong- there is no-one who will tell them whats happening. The other major reason- is if the tenant does not pay their share of the rent to the local authority- the landlord gets nothing (at all)- as in, the local authority don't even pay their share of the rent to the landlord. So- all the risk is heaped on the landlord- at least if it was a private tenancy- they'd know what was happening (even if they still had sweet damn all they could do about it).

the_syco

Start eviction proceedings, because the tenant could lie about how the process is going, as so far she hasn't kept up her part of the deal.

You either get rid, or be stuck with a non-paying tenant for a few months to a year or so.

handlemaster

OP from experience I know you want and hope it will get better. But from experience best to get rid. You have a list of issues already. wait until 6 month period is up.

Gampf

handlemaster wrote: »

OP from experience I know you want and hope it will get better. But from experience best to get rid. You have a list of issues already. wait until 6 month period is up.

Yes getting on to letting agent to start eviction

The_Conductor

Gampf wrote: »

Yes getting on to letting agent to start eviction

If the tenant manages to stay past 6 months- they'll argue they have the protection of a Part IV tenancy- and it'll take you through a whole new world of hurt trying to get them out then.........

Gampf

The_Conductor wrote: »

If the tenant manages to stay past 6 months- they'll argue they have the protection of a Part IV tenancy- and it'll take you through a whole new world of hurt trying to get them out then.........

Thanks so much I’ll get on Monday

the_syco

Gampf wrote: »

Yes getting on to letting agent to start eviction

If they fcuk up the eviction, or don't evict the tenant, they'll wipe their hands of it. Also, check who, if anyone, was given as a reference.

I say this, as the letting agent seems to have dropped the ball, but don't seem to care as they've probably gotten their fee already.

mdebets

The_Conductor wrote: »

If the tenant manages to stay past 6 months- they'll argue they have the protection of a Part IV tenancy- and it'll take you through a whole new world of hurt trying to get them out then.........

That is simply not true. All part IV does is protect the tenant from eviction without a specific (noted in the legislation) reason. If he breaks the rules that allow eviction (and in the OP it sounds as it does), not having/having Part IV doesn't make any difference. The eviction process is the same and if a tenant overholds and drags the process out after 6 months, he is as likely to do it before 6 months.

ZENER

I think the OP took a huge risk letting anyone move in before the HAP was approved. There are a lot of things that could go wrong stopping you or the tenant qualifying for HAP and if it falls through you're stuck with a non-paying occupant who will be defended by the RTB.

Also, normally it's a month in advance and a months rent as security, were both of these paid ?

Ken

The_Conductor

mdebets wrote: »

That is simply not true. All part IV does is protect the tenant from eviction without a specific (noted in the legislation) reason. If he breaks the rules that allow eviction (and in the OP it sounds as it does), not having/having Part IV doesn't make any difference. The eviction process is the same and if a tenant overholds and drags the process out after 6 months, he is as likely to do it before 6 months.

I know that- and you know that- however, the tenant will be coached into triggering a Part IV tenancy by Threshold- who will then support her in obstructing vacating the property at any cost. Ultimately- of course they don't have a leg to stand on- however, they can cause no end of grief for the landlord before they are forced to vacate the property.

mdebets

The_Conductor wrote: »

I know that- and you know that- however, the tenant will be coached into triggering a Part IV tenancy by Threshold- who will then support her in obstructing vacating the property at any cost. Ultimately- of course they don't have a leg to stand on- however, they can cause no end of grief for the landlord before they are forced to vacate the property.

While this is true, they don't need Part IV for this. And a tenant who causes problems when they are legally evicted, are as likely to cause the same trouble before and after they have Part IV rights.

Gampf

ZENER wrote: »

I think the OP took a huge risk letting anyone move in before the HAP was approved. There are a lot of things that could go wrong stopping you or the tenant qualifying for HAP and if it falls through you're stuck with a non-paying occupant who will be defended by the RTB.

Also, normally it's a month in advance and a months rent as security, were both of these paid ?

Ken

Hi thank you for reply. I was shown proof of her acceptance to HAP Scheme and gave all my details to be submitted through letting agent I asked for deposit and a weekly rent till as such time as I received my payment from hap and I would refund her if she had over paid she paid deposit and rent first week late next week nothing since.

the_syco

Gampf wrote: »

I was shown proof of her acceptance to HAP Scheme and gave all my details to be submitted through letting agent I asked for deposit

Do you know if she gave any references?

The_Conductor

the_syco wrote: »

Do you know if she gave any references?

References don't mean an awful lot- many landlords will give glowing references- just to get shot of a tenant........