Finding a HAP landlord

mrslancaster

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fun loving criminal

Thanks for all the replies. I have decided that I will stick to what I can afford and pay for myself instead of using HAP. The rental market is bad enough without being thrown out because I mention HAP. It's sad I can't get it but I guess that's the way things are. But I do hope the landlord will be more understanding if my circumstances change.

Bass Reeves

https://www.boards.ie/discussion/comment/118139272#Comment_118139272

TBH if you are 6 months in a place and a good tenant, you could go to the LL and say that you think yoy are entitled to rent support and ask him if there is any chance he might take it. I take HAP from one tenant and have done so from day one. She did not realize she might be entitled to it until I mentioned it.

Dav010

https://www.boards.ie/discussion/comment/118126198#Comment_118126198

You might even make the papers with that approach.

Terminating a lease, even before part 4 rights are gained based on HAP is discrimination and you would rightly be fined by the WRC. They have found against LLs even before the lease commenced, so don’t assume that because the tenant doesn’t have part 4 rights, you are in the clear. It won’t take a lot of lateral thinking on the WRCs behalf to see you ended the lease in responce to the tenants HAP eligibility.

I think it was Claw Hammer who linked a case previously where the RTB ruled against a LL who retained a room and claimed a licensee agreement. The tenant kept note of the dates the LL stated there and as he had a primary residence elsewhere, he could not claim a licensee arrangement existed,

The RTB site, WRC and papers love LLs like yourself, they get to make a statement on LLs who act inappropriately towards their tenants.

MBE220d

https://www.boards.ie/discussion/comment/118139778#Comment_118139778

Great to have all these rights for tenants but nothing for landlords, part 4 rights are great for the same tenant that can leave in the morning without any notice and there is not a thing I can do about it.

RedXIV

Hypothethical question here for landlords.

If a prospective tenant came with a request for HAP with a good reference and evidence of "successfully" being on HAP for 10 years or so in the same residence, would this matter at all, or is it a case of having enough fish in the sea to choose from that you can afford to ignore HAP altogether regardless?

agoodpunt

https://www.boards.ie/discussion/comment/118140690#Comment_118140690

This discussion was a tenant's difficulty finding a HAP LL and disclosure on HAP status or not , but tenant selection is easier when supply is low its a buyers market for now as HAP is considered more hassle, with a third party (LA) and higher risk.

And on a previous, part 4 does not kick in till after six months so if a tenant appears with docs a LL may wish to cancel before on a 28 notice with no reason requirement.

sk8board

full time LL.

Technically every Landlord accepts HAP, right?, but many of them choose another tenant.

I've accepted it for years and some of my best tenants are in that system.

my experience is that the first tenant I accepted was an ABSOLUTE PAIN IN THE A$$ to set up (yes, uppercase for emphasis, in this instance!), nothing to do with the tenant, but all down to the Council’s processes. It took almost 3 months for me to receive rent and I’d no idea if I’d be left high and dry or not - and then it’s in arrears, so I’m paying a mortgage for 4 months, with a tenant in situ.

at the time I genuinely said I’d not go through that setup process again. I did it twice since, but for tenants I knew already.

once it’s set up, it’s just like any other tenancy.

Dav010

https://www.boards.ie/discussion/comment/118160261#Comment_118160261

The tenant wasn’t paying rent while HAP payments weren’t been made?

sk8board

https://www.boards.ie/discussion/comment/118160268#Comment_118160268

It was complicated - the tenant paid the first month and then due to two mistakes by the council in the next 2 months, they missed the pay dates (final Wednesday of the month). So it was the fourth month before all the arrears were paid for the first 3 months.

being paid in arrears is a pain, but TBH, during Covid it was good to have the State as a creditor.

Beatty69

Just another point to note is that to get HAP payments a LL has to prove they're not in arrears with their mortgage.

So any small landlord who is simply renting out their property because they can't afford to live in it any more simply can not accept HAP because they won't get paid.

fun loving criminal

https://www.boards.ie/discussion/comment/118163492#Comment_118163492

Such a mess, so what happens to the arrears if a tenant pays their rent which they have to?

fun loving criminal

https://www.boards.ie/discussion/comment/118163492#Comment_118163492

Wouldn't it be better for the tenant to get the payment? Such an awful scheme but I only think they want to have so much complications in the whole thing so they don't have to pay out.

Yellow_Fern

https://www.boards.ie/discussion/comment/118126198#Comment_118126198

Why do the light and WC extractor fans need to be on separate switches? To tell you the truth I have never seen this switch layout in Ireland. I know someone with a recent build, A2 and decent airtightness and a great central heat recovery ventilation system and is considering renting it but doesn't want to be pushed into a position that they have to get a kitchen extractor. They feel it would ruin the look of the kicthen and undermine airtightness. Given the house has MHRV it seems mad that a HAP assessor can force you butcher your house that way.

sk8board

https://www.boards.ie/discussion/comment/118163614#Comment_118163614

the money is paid directly to the LL because the tenant might stop forwarding it! As a LL, that’s the way I prefer it for certain.

re the comment from the LL above:

1: evicting is no more difficult with a HAP tenant than it is with anyone else. If anything, it might even be easier as everything is very much registered, so you just have to follow the RTB steps to the letter

2: the inspection is a pain alright, but for silly stuff - for example you need childproof restrictors on every window, upstairs and downstairs (and they can’t be lockable ones with a key, it needs to be a latch). In one case the tenants had no children.

when you read about 95% of landlords failing an inspection, this is what is causing it!

I also failed a few years ago for a carbon monoxide alarm that wasn’t flashing correctly :)

incidentally, no mandatory re inspection ever took place.

fun loving criminal

https://www.boards.ie/discussion/comment/118164197#Comment_118164197

So the council doesn't trust the tenant?

sk8board

https://www.boards.ie/discussion/comment/118164221#Comment_118164221

Well when they send the rent directly to the LL, the question of trust doesn’t come into it.

also, my understanding is that if the tenant stops paying the council, the council have kept paying the LL, even though technically their rules are that they won’t. The current market being so difficult is probably the driver of this.

sk8board

(Replying to my own comment sorry)

just to add one final point - for a LL to accept HAP, your nose has to be very clean, and prove to the Council things like:

• you own the house
• the LPT is up to date
• you have a tax clearance cert from the Revenue
• the house passes an inspection
• the tenancy is registered

any LL accepting HAP is guaranteed to be fully legitimate in every way!

Beatty69

https://www.boards.ie/discussion/comment/118163588#Comment_118163588

Nothing, that's down to the LL to deal with. I kind of understand it because the Council might be afraid the house will be re-possessed but I don't see why they won't take a letter from the bank to say the arrears are being dealt with.

A lot of banks advise people to rent out their house to deal with problems paying the mortgage when they're in arrears, that's the ironic thing.

celticWario

HAP question I hope someone can answer

currently renting in the city and wish to move closer to work, so I've been looking for places in the area near where I work. found out I would probably qualify for HAP, so can I apply for it now while I'm still renting and when I find a place close to work use the HAP, or can I use HAP now at the place I'm renting then transfer it over to the new place if and when I find one?

MacDanger

https://www.boards.ie/discussion/comment/118164197#Comment_118164197

2: the inspection is a pain alright, but for silly stuff - for example you need childproof restrictors on every window, upstairs and downstairs (and they can’t be lockable ones with a key, it needs to be a latch). In one case the tenants had no children.

when you read about 95% of landlords failing an inspection, this is what is causing it!

TBF, this particular thing is a requirment for all rental properties: Landlord Query Of The Week: Window Restrictors - Irish Property Owners' Association (ipoa.ie)

Bass Reeves

https://www.boards.ie/discussion/comment/118167922#Comment_118167922

Yes you are correct that all these specifications are the same fir all rental properties. However LA only enforce them on HAP tenancies. They never check private rental properties which is in there remit as a supervising authority.

sk8board

https://www.boards.ie/discussion/comment/118168219#Comment_118168219

Exactly, and this is why a headline that ‘94% of all inspections fail’ is a bit misleading.

fun loving criminal

Turns out what was mentioned earlier is true if your rent goes over 30% of your wages the tenancy won't be approved.

30% of my wages is €604 a month and this should include the top-up to the landlord and the rent paid to the council.

My rent to the council works out at €388 per month (paid weekly). So 216 is what I am allowed as a top-up to the landlord.

So HAP pays 550 + top up to the landlord is €766 is what I'm looking at for a rental place.

One big huge problem is there's very little places available to rent for €766 a month.

It's any wonder people are ending up homeless.

@fun loving criminal

@fun loving criminal I’d just like to apologise for my post the other week. It wasn’t my intention to hurt your feelings. Sometimes we forget that there’s a real person with real issues behind the username. I’m sorry x

Have you a login for the choice based lettings scheme? I tried to see what was available for Cork but need login details to access it.

fun loving criminal

https://www.boards.ie/discussion/comment/118169041#Comment_118169041

I have login for cbl but can't give away my login details if that's what you're asking.

https://www.boards.ie/discussion/comment/118169079#Comment_118169079

I don’t want your login 😂

I understand it gets updated weekly, are there many properties on it and do they move within the week? Are there any you’ve applied for and do they give reasons if you’re declined?

fun loving criminal

https://www.boards.ie/discussion/comment/118169109#Comment_118169109

There were a few properties on it, I've expressed interest in them all, two, three bed even though I can't get a 2 or 3 bed. So far, one bed came up which I can get and I expressed interest but not sure what happens now. I'm sure I'm not only person with an interest, so I probably won't get it. Not sure if I get a reason if I'm declined.

Fingers crossed for ya. I understand you not qualifying for a 3 bed but I thought 2 beds would be ok.

fun loving criminal

https://www.boards.ie/discussion/comment/118169441#Comment_118169441

I don't think so. My letter says a one bed property is what I can get. But I'm expressing interest in them all regardless, lol.