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Hap Issue

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  • 17-04-2018 11:09pm
    #1
    BUACHAILL
    Registered Users Posts: 1,909 ✭✭✭


    Hi Guys

    I'm a LL currently renting to same family for couple of years. I have had a few issues with late payments but have given benefit of doubt to them but they are far from ideal tenants. I have other reasons to say this.

    They have approached me about taking Hap. I know you cannot refuse to accept it but if I dont meet HAP's qualifications ie tax clearance, property tax etc can I refuse on these grounds ?

    Failing that I will probably just move back into the house, really isnt worth the hassle anymore.

    Thanks in advance


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    #2
    GGTrek
    Registered Users Posts: 834 ✭✭✭GGTrek


    BUACHAILL wrote: »
    Hi Guys

    I'm a LL currently renting to same family for couple of years. I have had a few issues with late payments but have given benefit of doubt to them but they are far from ideal tenants. I have other reasons to say this.

    They have approached me about taking Hap. I know you cannot refuse to accept it but if I dont meet HAP's qualifications ie tax clearance, property tax etc can I refuse on these grounds ?

    Failing that I will probably just move back into the house, really isnt worth the hassle anymore.

    Thanks in advance
    Legally you cannot refuse on HAP grounds. My suggestion if tenant is late on rent: issue late rent notice immediately and after 14 days if not paid terminate. You can issue two concurrent terminations for you moving back and for default on rent.

    If you do not pass the hap inspection the council will stop paying the rent and you will issue termination notice for default on rent on the tenant.

    Good luck you will really need it.


  • Options
    #3
    BUACHAILL
    Registered Users Posts: 1,909 ✭✭✭BUACHAILL


    GGTrek wrote: »
    Legally you cannot refuse on HAP grounds. My suggestion if tenant is late on rent: issue late rent notice immediately and after 14 days if not paid terminate. You can issue two concurrent terminations for you moving back and for default on rent.

    If you do not pass the hap inspection the council will stop paying the rent and you will issue termination notice for default on rent on the tenant.

    Good luck you will really need it.


    Just an update for anyone in same situation.

    So got advice on the issue from those in the know.

    The fact of the matter is, I am not refusing it or discriminating against it but I personally do not meet the criteria as a landlord and therefore cannot enter the HAP scheme as is their terms.

    For examlpe:
    If you are behind on property tax or cannot get a tax clearance cert and are not in a position to settle these arrears bringing it up to date, technically there is nothing anyone can do.

    Hope this may help someone else !!


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