Seeking Advice on Handling Unapproved Renovation Costs from HAP Tenant

GardenMan1981

Dear Community Members,

I'm facing a challenging situation with my HAP tenant and urgently require your guidance. Shortly after delivering a Notice of Termination, I was presented with an invoice totalling €19,000 for unauthorized interior renovations undertaken by the tenant's brother, who is in the building trade. The tenant has not paid any rent since April 2023.

Furthermore, I received an additional invoice for €3,000 for unsanctioned garden work involving the removal of a tree and shrubbery. These alterations were made without my knowledge or agreement.

I had previously consented to a kitchen repaint, but that in no way extended to covering the costs for any other refurbishments or landscaping work. The tenant now claims to have paid these expenses out of pocket and is seeking reimbursement from me.

I am seeking advice on how to address these unexpected financial demands and the implications of unapproved property alterations by a HAP tenant. If anyone has navigated similar waters or has legal insight into such matters, your input would be invaluable.

Your shared experiences and any advice on potential next steps would be greatly appreciated.

Warm regards,

whomitconcerns

If your hap tenant had 20k lying around to pay those invoices... Let it go to court.. Let's see who loses out.

You didn't authorise the work, you didn't ask for the work, you own the house. End of story

herbalplants

https://www.boards.ie/discussion/2058326213/seeking-advice-on-handling-unapproved-renovation-costs-from-hap-tenant

Omg your HAP Tennant is such a chancer, I mean the highest degree of bullshitter.

You just tell him No, no will do to these fake demands. Also you tell him if he alterred your home without your approval, you will sue him.

He is taking you for a wild ride.

Dav010

I’m struggling to see why they think unsanctioned renovations would in any way be covered by you.

I presume you have opened a dispute with the RTB over the unpaid rent, let the tenant put their case to the Board, I suspect they will get short shrift.

handlemaster

Agreed with above. Dont even entertain paying anything. In fact you will get a quote to reverse the damage that has been caused and you have the proof now.

CrazyEric

The tenant is getting themselves ready to delay the termination. Create as many disputes as they can and drag them out for as long as possible. I would say get a lawyer as soon as possible because it will be a fight to get rid of them.

Del2005

https://www.boards.ie/discussion/2058326213/seeking-advice-on-handling-unapproved-renovation-costs-from-hap-tenant

They can't bill you for work that wasn't authorised and your lease should have a clause saying no unauthorised works are allowed. Send another letter of termination for unauthorised works to your property, they've even have been nice enough to give you proof so you can show that to the RTB.

Dav010

https://www.boards.ie/discussion/comment/121477148#Comment_121477148

Don’t send another letter of termination, it will supersede your previous one and provide a new date for notice to begin. Use the original notice and enter a dispute with the RTB, don’t even acknowledge the invoice for the renovations, let the tenant make that claim in the RTB.

the_pen_turner

send them a letter outlining the requirments for handing over the house. clean tidy etc and in the original condition less any aproved works. point out that any work required to reinstated the house to its original condition will be taken from the deposite.

GardenMan1981

Many thanks to everyone for the helpful advice - I really appreciate it!

Claw Hammer

https://www.boards.ie/discussion/comment/121477181#Comment_121477181

A landlord can send as many notices of termination as they want. The o/p should write and tell the tenant to put the place back in the condition it was in before the unapproved works started and give them 8 weeks to do it.

When the 8 weeks is up terminate for breach of condition.

Dav010

https://www.boards.ie/discussion/comment/121480512#Comment_121480512

They can send a new notice of termination weekly if they want, but in each one the notice will begin the date it is received. But that hardly seems the most intelligent way to end a tenancy at the earliest opportunity, does it?

If you read the op, notice had already been served, there is no benefit to giving the tenant a legal reason to be there any longer than necessary. Also, what benefit does the op gain by stipulating that more construction work be done? If the tenant refuses, what is the op going to do, issue yet another notice of termination?

Claw Hammer

https://www.boards.ie/discussion/comment/121480577#Comment_121480577

If the new notice of termination is on different grounds both will run concurrently.

Dav010

https://www.boards.ie/discussion/comment/121480934#Comment_121480934

Why stop at two?

GardenMan1981

I wanted to provide an update on the challenging situation with my HAP tenant, which I previously shared. As the Notice of Termination is set to expire on January 10th, the tenant has indicated they will not vacate the property unless I pay €23,000. This is in relation to the previously mentioned unauthorized renovations and garden work.

Offaly County Council is currently investigating this matter. They have indicated that the tenant risks being removed from the Housing Register due to these menacing demands for payment.

As the deadline for the Notice of Termination approaches, I am contemplating my next steps. Should I allow the notice period to expire on the 10th and then proceed with adjudication through the Residential Tenancies Board (RTB)? My understanding is that I can include multiple issues in my adjudication request, such as overloading, unauthorized works, and prevention of property inspections ?

I'm seeking further advice on whether this is the best course of action and if there are any additional considerations I should be aware of. Any guidance on handling these matters, especially from a legal standpoint or from personal experiences, would be immensely helpful.

Your insights and advice on how to navigate this complex situation would be greatly appreciated.

Dav010

You said in your op that the tenant has not paid rent since April, have you been receiving any rent payments since that time? Typically when the tenant stops paying the LA, they stop the HAP payments to LLs.

SharkMX

Contact the Gardai. This is one for them. You are the subject of a shakedown involving multiple parties here.

Also get a solicitor for getting rid of your tenant.

Tefral

I think SharkMx is right with this one. The guards dont normally get involved in anything like this as they are civil matters, however I believe this has crossed into a different realm.

Criminal Justice (Public Order) Act, 1994

Blackmail, extortion and demanding money with menaces.

17.—(1) It shall be an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another, makes any unwarranted demand with menaces.

They are saying they wont move out. This will cause you a loss in rent etc....

Id use any trick you can now to be honest...

antoinolachtnai

I think you are all over the place in terms of your understanding of your own rights. You need to get a lot of professional help (a solicitor), and right away. You shouldn’t be waiting for January 10th, whatever relevance that date has.

You need to speak to a solicitor right away you need to be prepared to spend thousands of euros with the solicitor. You can forget about collecting the back-rent. What you are doing now is protecting your property.

It is good that you are getting the local authority on-side. As another poster said, you also need the help of the Garda. I can also see a trip to the courts in your near future if these people don’t back down.

mrslancaster

Who'd be a landlord with that kind of carry-on possible and the tenants most likely know the RTB system will take months to get it sorted. The RTB should deal with serious cases like this faster.

Skerries

I'd be worried that they will in a final act of pettiness before they move out that they damage or rip out the 'renovations' that they have had done

Cuddlesworth

https://www.boards.ie/discussion/comment/121481744#Comment_121481744

The very first thing I saw was they stopped paying rent in April and I agree 100%, get legal counsel.

"If the tenant does not pay they are in default of their obligations and the landlord will be entitled to issue a Notice of termination giving 28 days’ notice."

So, had they engaged with a solicitor they would have probably been done with the RTB at this point and onto the circuit court because the tenant sped up the process for them. You could argue that they are trying to blackmail OP but you could also argue that since its not a outright claim for money but rather reimbursement, its not blackmail. Either way, they are following the tack of the worst types of tenants and this will only end at the date of a proper eviction.

arctictree

This is why its so important to fully vet tenants before starting a rental. Even then, you could be caught out. I wonder how this tenant will ever get a rental again?

Claw Hammer

https://www.boards.ie/discussion/comment/121481653#Comment_121481653

You should initiate a prosecution for unwarranted demands with menaces.

antoinolachtnai

https://www.boards.ie/discussion/comment/121483320#Comment_121483320

Unlikely that the OP will be in a position to initiate a prosecution and even if they could, it would take too long. Maybe a thoughtful solicitor with good local knowledge and who understood the situation fully might be able to secure some sort of civil order which would be of help? Really, it is critical to build local allies, and part of this is to get good local legal advice. You are providing a valuable service to your local community and your goodwill and forbearance is being abused by this person.

Claw Hammer

https://www.boards.ie/discussion/comment/121483663#Comment_121483663

Wht wouldn't the o/p be in a position to initiate a prosecution?

the tenant is clearly in breach of

Section of the Act

(l) not alter or improve the dwelling without the written consent of the landlord which consent the landlord—

(i) in case the alteration or improvement consists only of repairing, painting and decorating, or any of those things, may not unreasonably withhold,

(ii) in any other case, may, in his or her discretion, withhold,

Dav010

https://www.boards.ie/discussion/comment/121487706#Comment_121487706

To most people, the term “prosecute” is associated with an accusation of criminal offence, have many people been convicted of a criminal offence for renovating a house without the owners consent? I wouldn’t have thought so.

SharkMX

Its more the extortion part of it that the gardai might be interested in looking after. If they could be bothered.

Claw Hammer

https://www.boards.ie/discussion/comment/121487993#Comment_121487993

people have been prosecuted and convicted for making unwarranted demands with menaces. Unauthorised renovations are a matter for complint to the RTB of the civil Courts depending on the size of the claim.

Gumbo

https://www.boards.ie/discussion/comment/121481675#Comment_121481675

LA’s guarantee HAP payments for 12 months even if the tenant stops paying their contribution.

Dav010

https://www.boards.ie/discussion/comment/121492723#Comment_121492723

Thats a welcome change in policy. Thanks