Selling house tennant now wants hap 90 day notice given

Mickeymac2017

Ok

mikemac2

What is the point of a one year lease if it can be broken early?

Irishphotodesk

Maybe I'm missing something here , you agreed to lease your property for 12months, and after 6months you try to get the tenants to leave ?

Why not wait till the contract is up and refuse to renew lease ? Giving appropriate notice before end of agreement ?

The fact that the family are now expecting a third child is irrelevant in my opinion, and just for clarity, after 3months you were told they are 7months pregnant, you don't know if they have a history of miscarriages or not and they may not have felt comfortable telling anyone about the pregnancy until the person has physically seen a bump or the child is actually born - they may have wanted to share the news with family only....either way, you have a lease agreement, they have an agreement ... As long as payments are being made, best not to rock the boat

It's not your problem if they need hap, you have a deal, honour the deal, but ensure that you do everything by the book to ensure they don't overstay or it could be a costly experience for you

Mickeymac2017

Ok

duffman13

Mickeymac2017 wrote: »

Well the tennant is single lady 2 kids the 3rd has been born the issue with that is the lack of honesty from the outset as i clearly stated the property was to be rented to exactly who appeared in front of me .
I would not have given her the contract if she was pregant because then there would have been a break in her pay from work which she was only there 6 months and the obvious route would have been HAP.
I gave her the notice because i was only ever going to rent for a year and now because of brexit fears i am trying to offload while the market is good.
The legality is binding and while i feel duped there is also a certain responsibility on my behalf.
She cant pay her rent and has been subsidising her rent with her deposit since May and this month she cant pay anything .

Lack of honesty? She was trying to find a property, she's under no obligation to tell you she's pregnant.

Now that said, if your property is unsuitable for that many people, you may have grounds under H&S however I would doubt it. You'll need a solicitor, and register the tenancy now. Also, has she been withholding part of your rent for tax if your out of the country? This could be another issue if she's stopped paying rent aswell

Wildly Boaring

Ordinarily I'd be quite with the landlord who wants to avoid HAP.

In this instance you appear to be taking the proverbial.

You want to kick a pregnant woman out as she needs state aid to keep a roof over her head and that of her children.

You also have not registered the place as being a rental (to the RTB I assume). Planning on telling Revenue?

Sounds like you're pure amateur hour and you're on here posting the poor mouth

1 year lease is meaningless. After 6 months she automatically goes to being in a part iv tenancy which is for 6 years. Selling up is a valid reason to break the tenancy but I think the rules are changing.

You can look up the rtb website for all the info without having to be registered.

L1011

This is in vastly the wrong forum. I'll move it to accomodation later

Sonny noggs

Good luck OP, you will need it. You have been stitched up like a kipper.

Collie D

Sonny noggs wrote: »

Good luck OP, you will need it. You have been stitched up like a kipper.

How?

machalla

Just so you're aware if she can't pay her portion of the rent then you will get nothing anyway on the HAP scheme. It is dependent on the tenant paying their portion, if not the council will not pay their portion either.

Get someone who knows what they are at to represent you, you are treading in a minefield of potential discrimination awards and even media attention.

And you will need to accept that losing the rent is the least of the costs you now face. You could be up to 2 years evicting this tenant from the property with legal fees and sheriff's costs on top of it.

Mickeymac2017

Wildly Boaring wrote: »

Ordinarily I'd be quite with the landlord who wants to avoid HAP.

In this instance you appear to be taking the proverbial.

You want to kick a pregnant woman out as she needs state aid to keep a roof over her head and that of her children.

You also have not registered the place as being a rental (to the RTB I assume). Planning on telling Revenue?

Sounds like you're pure amateur hour and you're on here posting the poor mouth

Registered with RTB and Have enquired ref tax clearence cert and as i said in the OP if you have nothing to add to the topic then dont comment simple as .

amcalester

It’s probably a good thing that you’re selling up OP, you’ll need the extra cash to pay the fine that is likely coming your way.

theteal

Sonny noggs wrote: »

Good luck OP, you will need it. You have been stitched up like a kipper.

Stitched themselves up more like. With the advise Threshold give to tenants these days there is no such thing as a short term landlord. This HAP situation could be the least of your issues OP. What happens when the tenant is advised to overhold and then stops paying rent? You definitely won't be selling within a year under those circumstances. I would say you've no option but to go along with the HAP plan and hope you can get them out as soon as possible.

TheBoyConor

You're really at her mercy here op. I would not do anything more without first getting the advice of a solicitor who is well versed in residential tenancy matters.

Moral of the story is that you should simply never get into renting out a spare house to a tenant. It simply doesn't pay and isn't worth the risk because once in, it is practically impossible to legally evict a tenant who doesn't want to leave or pay .
In done cases people have made the decision to illegally or even forcibly evict and take the hit with the fines because it is more or less impossible to sell with a sitting tenant.

runawaybishop

Top floor op? Is she renting a house or part of it.

1874

Mickeymac2017 wrote: »

I only started the letting out of my house 6 months ago.
I planned on just one year then sell my house
The tennant signed a 1 yr top floor lease in which i stated it was just for them and their 2 children.
3months into tenancy tennant anmounces she is 7 months pregnant .
She now needs hap but i now want to just sell early .
Tennant will not accept a reduced rent rate to negate HAP .
I did not register tennant due to been out of the country with work and purly not been on top of how things work .
Tennant has now recieved notice of termination and declaration to sell but i dont want to go the HAP route tho she and Treshold insist this is the only way forward to cover rent for the 90 days notice .
Basically i have been caught and have accepted that the truth was hidden regarding pregnancy to have a better chance of getting the house .
I am a niave first time landlord who now feels backed into a corner by the tennant .
What can i do ?
Do i accept hap and face the results of not registering tennant for 6 months?
Do i not accept any rent let her live rent free for 90 days and avoid HAP?
What is the best way forward and yes you guys are probably going to say all the things i dont want to hear but i want that one bit of legal or non legal advice that will protect me and my home .

Dude, as a former landlord, I have to say, you are utterly clueless, we are living in the 21st century , are you winding us up? seriously?
Right here goes, do not reduce your rent under any circumstances, register up and accept the circumstances/consequences of that, I believe you do not have to (might not have to) accept HAP IIIFFFFF HAP cannot pay the rent you are asking for and that is the rental for that property type in your locality, ie I dont think you are obliged to accept less than your asking rent, unless they (HAP and the tenant can pay that, so dont reduce your rent for gods sake, basically lawyer (soliciter) up and get ready. And double check all the advice (including mine) with your own legal/professional opinion or you will/could get a$$ raped (financially).

You should have looked up the law/s before renting, you cannot just say you were only going to rent for 6months a year or to women who dont get pregnant!


Id say, 6 months is nothing, get a slight penalty and just pay that and register the actual start date, plus if you are under the 6 months, you used to be (may still be able to) end a tenancy inside 6months, check that is still the case, if not or you have exceeded the 6months, you could be looking at a minimum of 6 years or renting to this person forever, do NOT make arrangements for free living or reduced rent or they will know you are a sucker and you will never get rid of them,



Welcome to landlording in Ireland!!
By the by, what the hell is a top floor rent??
Im so glad I got out AND so glad I argued with a close relative over persuading them not to get into ladlording when Iw as getting out, thankfully they never got into it, but they dont speak to me, little do they know I probably helped save their skin/neck etc

Gumbo

Mod Note

I’m locking this thread now for 2 reasons.

1. It has the potential to descend into caos.
2. The OP has deleted their first post so they now should realise that they signed into a contract, so in order to break that contract they need to buy the tenant out. A contract works both ways. As much as I hate the bias towards tenants law, the LL must honour the contracts also.

Thanks.