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Hap question

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  • 27-05-2018 11:50pm
    #1
    Crunchymomma
    Registered Users Posts: 1,178 ✭✭✭


    I am currently 11 months into a 12 month lease. Myself and partner have split up but I don't want to move if I can help it as kids are settled here. I now fall under the social housing and hap limits for the area. Can my landlord refuse to accept Hap even though I already live here? Will removing my ex off the lease nullify my part 4 tenancy


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    #2
    the_syco
    Registered Users Posts: 37,300 ✭✭✭✭the_syco


    Although they can't refuse HAP, they could not give a tax clearance letter, and/or refuse to upgrade the house if the HAP inspector says they need to do so.


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    #3
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    the_syco wrote: »
    Although they can't refuse HAP, they could not give a tax clearance letter, and/or refuse to upgrade the house if the HAP inspector says they need to do so.

    Would that not be challenged as the wilful de facto refusal it is? Surely it is breaking the law to obstruct? Not refusing means just that; that you therefore fulfil all the terms that acceptance involves and lays down?


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    #4
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Graces7 wrote: »
    Would that not be challenged as the wilful de facto refusal it is? Surely it is breaking the law to obstruct? Not refusing means just that; that you therefore fulfil all the terms that acceptance involves and lays down?

    If a LL is not in a position to provide a TCC and does not have the money to upgrade the house, how could that be breaking the law? Revenue would not be allowed to tell a tenant if a TCC was issued and I doubt it's illegal not to have the funds to do up your property.


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    #5
    Crunchymomma
    Registered Users Posts: 1,178 ✭✭✭Crunchymomma


    the_syco wrote: »
    Although they can't refuse HAP, they could not give a tax clearance letter, and/or refuse to upgrade the house if the HAP inspector says they need to do so.

    Thanks, the house is in great shape, relatively new build all new appliances and furniture so no upgrades would be required. I see what you are saying about the tax cert though. I wont kick up a fuss if they say no and will move to an apartment with the kids, just would love if we could stay here so they aren't totally uprooted


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    #6
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    OP have a word with Threshold? They are the accurate experts They see it from the tenants side. Can do no harm; find them online and call them?


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    #7
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Graces7 wrote: »
    OP have a word with Threshold? They are the accurate experts They see it from the tenants side. Can do no harm; find them online and call them?

    First time I read the terms "threshold" and "accurate experts" in the same sentence, on many occasions posters have stated that they were actually given the wrong advice by Threshold. You are correct though, their advice is biased towards the tenant and they often advise tenants to over hold even if they have had their lease legally terminated.


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    #8
    Del2005
    Registered Users Posts: 18,990 ✭✭✭✭Del2005


    Crunchymomma wrote: »
    Thanks, the house is in great shape, relatively new build all new appliances and furniture so no upgrades would be required. I see what you are saying about the tax cert though. I wont kick up a fuss if they say no and will move to an apartment with the kids, just would love if we could stay here so they aren't totally uprooted

    Being relatively new doesn't mean it'll meet HAP standards. For some reason HAP want the house to confirm to current regulations not the regulations the house was built to. So don't be surprised if the house doesn't meet their standards, even though its perfectly compliant for private rental. Which is another reason why landlords don't want to take HAP tenants.


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    #9
    Fol20
    Registered Users Posts: 3,624 ✭✭✭Fol20


    Del2005 wrote: »
    Being relatively new doesn't mean it'll meet HAP standards. For some reason HAP want the house to confirm to current regulations not the regulations the house was built to. So don't be surprised if the house doesn't meet their standards, even though its perfectly compliant for private rental. Which is another reason why landlords don't want to take HAP tenants.

    Just out of interest, if HAP advised you to do certain things to the house and you decline, can that get the ll in hot water? As long as it abides by the minimum standards can they force you do anything. Im going through my first HAP tenant and ill be getting an expect ion some time this year.


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    #10
    Gumbo
    Moderators, Society & Culture Moderators Posts: 39,344 Mod ✭✭✭✭Gumbo


    Graces7 wrote: »
    OP have a word with Threshold? They are the accurate experts They see it from the tenants side. Can do no harm; find them online and call them?

    Threshold are very far from being experts in this area.
    Their most common advice is to tell tenants to over hold!


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    #11
    The Student
    Registered Users Posts: 1,262 ✭✭✭The Student


    Fol20 wrote: »
    Just out of interest, if HAP advised you to do certain things to the house and you decline, can that get the ll in hot water? As long as it abides by the minimum standards can they force you do anything. Im going through my first HAP tenant and ill be getting an expect ion some time this year.

    I would be interested on this. I currently have a property that does not meet HAP and I expect the tenants will want to go on HAP. I have no intention of bringing the property up to HAP as it meets the min requirements for rental but does not meet HAP.


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    #12
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    davo10 wrote: »
    First time I read the terms "threshold" and "accurate experts" in the same sentence, on many occasions posters have stated that they were actually given the wrong advice by Threshold. You are correct though, their advice is biased towards the tenant and they often advise tenants to over hold even if they have had their lease legally terminated.

    As I have said repeatedly I have had contact with Threshold over many years and never ever been given wrong advice OR been advised to overhold.

    So I believe what I know personally not what is said here.

    So I repeat, Threshold are accurate experts. For tenants as opposed to for landlords.


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    #13
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    kceire wrote: »
    Threshold are very far from being experts in this area.
    Their most common advice is to tell tenants to over hold!

    Not. Far from it. They have helped me negotiate some very hard situations well within the law and never told me to overhold. Good people and yes, experts. Sad that you are advising folk against contacting them.


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    #14
    Del2005
    Registered Users Posts: 18,990 ✭✭✭✭Del2005


    Fol20 wrote: »
    Just out of interest, if HAP advised you to do certain things to the house and you decline, can that get the ll in hot water? As long as it abides by the minimum standards can they force you do anything. Im going through my first HAP tenant and ill be getting an expect ion some time this year.

    I'm far from an expert on this but if the property does not meet HAP standards then they won't pay the rent. So you'll have to evict the tenant unless they can pay themselves, which they obviously cannot as they are getting HAP.


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    #15
    the_syco
    Registered Users Posts: 37,300 ✭✭✭✭the_syco


    The Student wrote: »
    I would be interested on this. I currently have a property that does not meet HAP and I expect the tenants will want to go on HAP. I have no intention of bringing the property up to HAP as it meets the min requirements for rental but does not meet HAP.
    Say that although you accept HAP, your house does not meet HAP standards, and thus the people won't get HAP.

    Thus make sure they have money & a job to pay the rent, and have the rent and the deposit upfront. Any sob stories can get the fcuk out.


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    #16
    the_syco
    Registered Users Posts: 37,300 ✭✭✭✭the_syco


    Graces7 wrote: »
    Would that not be challenged as the wilful de facto refusal it is? Surely it is breaking the law to obstruct? Not refusing means just that; that you therefore fulfil all the terms that acceptance involves and lays down?
    If the government said that they'd upgrade the house at no cost to the landlord, it'd be great, but as it stands if the tenant wrecks the house, the LL is on their own.


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