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H.A.P. LANDLORD

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  • 09-08-2019 6:33pm
    #1
    decmeister
    Registered Users Posts: 42 ✭


    my tennant has informed me he has been offered a council house
    does he need to give notice
    thanks
    ps cant find anything definitive on-line


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    #2
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    Yes


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    #3
    decmeister
    Registered Users Posts: 42 ✭decmeister


    just realised hes been there more than a year and havent renewed his contract
    does this change things
    thanks


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    #4
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    decmeister wrote: »
    just realised hes been there more than a year and havent renewed his contract
    does this change things
    thanks

    No, it doesn't.
    Your tenant acquired Part IV tenancy rights having resided in the property for 6 months- wholly regardless of what you have in a lease with him/her. The terms of notice are spelt out in the Residential Tenancies Act- and if you're relying on a lease, the terms and rights ascribed to a tenant must be at very least as favourable as those under the Act (if not more favourable).

    In practice- its not worth arguing over the term of notice. Keep in mind HAP is normally paid in arrears, so the final payment is due when the tenant vacates the property.


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    #5
    ted1
    Registered Users Posts: 23,520 ✭✭✭✭ted1


    The_Conductor wrote: »
    No, it doesn't.
    Your tenant acquired Part IV tenancy rights having resided in the property for 6 months- wholly regardless of what you have in a lease with him/her. The terms of notice are spelt out in the Residential Tenancies Act- and if you're relying on a lease, the terms and rights ascribed to a tenant must be at very least as favourable as those under the Act (if not more favourable).

    In practice- its not worth arguing over the term of notice. Keep in mind HAP is normally paid in arrears, so the final payment is due when the tenant vacates the property.

    While HAP is paid in arrears any good landlord should ensure he is paid in advance as per standard lease


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    #6
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    ted1 wrote: »
    While HAP is paid in arrears any good landlord should ensure he is paid in advance as per standard lease

    Certainly- and lots are- however, its structured as payment in arrears at local authority level- and its safest to assume this is the case, unless the landlord knows otherwise (and remembers precisely how the tenancy was funded at the outset). Any sane landlord insists on payment in advance- and most local authorities are acceding to this- to get properties for their HAP recipients. Its simply not feasible to badly hobble prospective HAP tenants vis-a-vis other tenants- by paying in arrears, when everyone else pays in advance- however, this is precisely what they have tried to do.


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