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The eviction ban

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  • Posts: 0 [Deleted User]


    HAP is a rent assistance payment it allows people to live in central/desirable areas when they don't have the means to do so. Reducing HAP would initially force those on lower incomes to relocate if they can find a place while those with the means to afford the rents would be happy to replace them initally.

    A reduction in HAP would probably have an effect on rents in the longterm but if landlords decide that lower rents are not feasible the market will only shrink further increasing both homelessness and rents.

    People forget that the state had to legislate in order to force landlords to accept HAP. Most andlords don't want it as it creates more red tape without any additional benefit to the landlord.

    We appear to have moved away from how to solve the accommodation crisis with this thread and are moving towards how to make the rental market less appealing for landlords.



  • Registered Users Posts: 893 ✭✭✭Emblematic


    I think a lot of that red tape could be eliminated. It is not really the landlord's business, after all, to know if the tenant is paying in full or paying with the assistance of HAP. The landlord has the right to the agreed upon rent but how that rent is made up is not the business of the landlord. Therefore a means of paying rent electronically could easily be set up. The landlord is given a special rental account and rent either in total from the tenant or a combination of the tenant contribution and HAP is made, but the make up of that amount would not be made known to the landlord.



  • Registered Users Posts: 632 ✭✭✭squidgainz




  • Registered Users Posts: 893 ✭✭✭Emblematic


    While some can obviously rent to non-HAP tenants for higher rents, logically given over 50% are on some kind of support, not all can. HAP money is a net input to the market from the taxpayer and paid to landlords. Therefore landlords are already benefiting.

    I don't think landlords should get HAP if the tenant decides not to pay. The reason I believe this is two-fold: as another poster pointed out, this creates a moral hazard. If a landlord doesn't fulfill their side of the bargain in a non-HAP tenancy, the tenant has the right to withhold rent until such time as the issue is sorted. This right must also be afforded to the HAP-tenant. Another example was also given of a non-national absconding back to his home country while the landlord continues to milk the HAP scheme. What would be your safeguards against this?



  • Registered Users Posts: 893 ✭✭✭Emblematic


    @Bass Reeves wrote: "There is no simple solutions. We need supply. All present solutions proposed by you actually scares the sh!t out of people that are willing to rent property in the short term."

    Sorry to butt in but would a punitive vacancy tax not sort out people sitting on vacant properties and force them to either rent or sell? The money raised could go towards the tenant-in-situ schemes where tenants in danger of eviction have their homes bought by the council and they become council tenants.



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  • Registered Users Posts: 4,460 ✭✭✭FishOnABike


    @Emblematic

    If a landlord doesn't fulfill their side of the bargain in a non-HAP tenancy, the tenant has the right to withhold rent until such time as the issue is sorted. This right must also be afforded to the HAP-tenant.

    There is no right to withhold rent. Failure to pay rent when due can result in a 14 day warning notice and if arrears are not paid within the warning period, a 28 day notice of termination.



  • Registered Users Posts: 18,455 ✭✭✭✭bucketybuck


    Is that not based on the assumption that if HAP did not exist then the landlords would not have rented out those properties? Just because they got money from HAP does not necessarily make them beneficiaries, not if they would have gotten more in other circumstances. Your logic is flawed.

    Considering the artificial regulations in place such as rent pressure zones and making it illegal to refuse HAP requests, along with the shortfall in supply, I am not convinced HAP is any friend to the majority of landlords.



  • Registered Users Posts: 18,455 ✭✭✭✭bucketybuck


    Something tells me you aren't going to get sound housing advice from a grown man that roleplays as an American president on the internet.



  • Registered Users Posts: 893 ✭✭✭Emblematic


    It is not the case that if someone is on HAP they can't be refused. The regulation, I believe, is that HAP itself can't be the basis of a refusal i.e, a tenant can't be discriminated on the basis of HAP. Not the same thing. Someone on HAP doesn't have more bargaining power than someone else who can pay the same rent outright.

    Therefore landlords aren't in any way restricted because of the existance of HAP and so they are net beneficiaries of it.



  • Registered Users Posts: 18,520 ✭✭✭✭Bass Reeves


    I have no real issue with a vacancy tax. But it will not solve the issue. The main reason is it will not effect supply for 3-5 years if even then.

    There is various reasons property may be empty. Will any property tax be imposed on those on nursing homes. Noe even SF will advocate for that. For that matter when someone goes into a nursing home long-term how long before a LA take back a house.

    Next you have people who's house is empty short term, a person traveling, a person starting a relationship etc. None of these will be effected by a property tax.

    Finally I know two/ three individuals all single women in there 50's who are minding there parents. One has actually moved back in with her mother but will not rent her house. The other case is a bit more nuanced. Two sisters who works is 50 ish miles from there mother. Both have small two bed houses in the area they work not far apart. Now if they could rent one and commute/live/mind there mother they would probably rent one of the houses.

    Vacancy tax will not effect 70-90% of the the vacant houses. Many people need assurance if they rent short term that they will get there house back in a timely fashion of they need it or if they have a tenant that is damaging there property or is not paying the rent.

    Supply is the issue but giving people who have vacant or semi vacant property the confidence to rent it might be the answer

    Slava Ukrainii



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  • Registered Users Posts: 29,269 ✭✭✭✭HeidiHeidi


    This, all day long.

    About 15 years ago I had to go abroad with work, for up to a year. I rented my house for the year, at well below market rate, to friends of a family member.

    Not a hope in hell would I risk doing that today under present conditions.



  • Registered Users Posts: 893 ✭✭✭Emblematic


    Actually I think you are correct here and I was wrong in that both tenants and landlords should live up to their side of the bargain for the duration of the contract. However in situations where the landlord locks out a tenant, I think the tenant should have the right to deny the landlord the rent money. This is merely giving the HAP tenant the same leverage as the non-HAP tenant and rightly so, I'm sure you will agree.

    On the other point, you say that landlords are being strongarmed by the government into renting out to social tenants. Can you give some evidence for this? Assuming you mean HAP tenants, the regulations only state that HAP can't be used as the basis for discrimination. But this does not mean you are forced into taking HAP.



  • Registered Users Posts: 893 ✭✭✭Emblematic


    But they can refuse a particular HAP tenant. It is just that HAP itself can't be the reason for the refusal. Also they can't advertise "no HAP applicants!". I said this already in my previous post.

    If it were the case that the landlord had to always accept a HAP tenant over a non-HAP one then, yes, they would be being strong-armed and I would agree with you, but that is not the case.



  • Registered Users Posts: 18,520 ✭✭✭✭Bass Reeves


    Where a tenant want to withhold's rent at the very least it should go into an escrow account within the RTB if necessary. If it's not paid in then termination should proceed

    Slava Ukrainii



  • Registered Users Posts: 893 ✭✭✭Emblematic


    Provided the HAP tenant also pays their portion into this escrow account then yes. If the case is settled in favour of the landlord then the landlord gets both portions. If the case is settled the other way then the tenants gets their portion and the State gets its portion out of the account.

    To make it fair the system would also need to apply to non-HAP tenants although in that case the State would not be involved. All the money in the escrow account would be from the tenant.

    The landlord, of course, would also need to be providing some basic level of accommodation throughout the process. As discussed earlier, the tenant being locked out should result in no payment to the landlord either from the State or the tenant. This escrow arrangement would be for where the level of service provided by the landlord was in dispute such as a boiler not being fixed etc. but basic accommodation was still being provided.



  • Registered Users Posts: 18,455 ✭✭✭✭bucketybuck


    Thats a semantic that doesn't address my point. Of course we know full well that landlords can get around the regulation by pretending the reason is something else, everybody knows it. But its like saying you can refuse to hire a black woman as long as you keep quiet about your real reasons for refusing... It may be true but its hardly the point, and in fact serves only to re-emphasise that the regulation exists in the first place.

    We all know the magic words to avoid HAP tenants because the vast majority of landlords are so desperate not to have HAP tenants, now why do you think that is? And when you follow that thought, does it not have implications to the original point of landlords as a whole being overall beneficiaries of HAP? Because if that were true then why are they so keen to avoid them?

    There are lots of landlords that have found themselves locked into HAP tenants, because historical tenants applied for HAP and then couldn't be evicted for one example. So I still have to suggest that if HAP didn't exist then all those landlords would happily get better deals elsewhere, and that makes HAP a negative to them, not a net positive.



  • Registered Users Posts: 4,460 ✭✭✭FishOnABike


    There are lots of landlords that have found themselves locked into HAP tenants, because historical tenants applied for HAP and then couldn't be evicted for one example. So I still have to suggest that if HAP didn't exist then all those landlords would happily get better deals elsewhere, and that makes HAP a negative to them, not a net positive.

    @bucketybuck Since the landlord is still eligible to receive the same rent and subject to the same rules regarding increasing rent or terminating the tenancy, independent of whether the tenant receives HAP or not, how could a landlord happily get better deals elsewhere if HAP didn't exist?



  • Registered Users Posts: 18,455 ✭✭✭✭bucketybuck


    Tell me how he would be worse off, because that would be more germane to the original point?



  • Registered Users Posts: 491 ✭✭SwimClub


    I have a friend that moved with his whole family to a town in Kildare in the noughties and they love it there. Couldn't afford a house at the time in Dublin. People regularly move country, let alone within a country, for a better quality of life through affordability and it happens all over the world. The idea of a right to housing meaning you get a forever home within a stone's throw of where you grow up or else it's genocide/forcing people out is a bit OTT.



  • Registered Users Posts: 632 ✭✭✭squidgainz


    Hahaha edenderry is a stone's throw ? But because you have a pal that likes Kildare you think that backs up your point. Gas man.



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  • Registered Users Posts: 491 ✭✭SwimClub


    I always picture him in a rural setting with a neighbour who's a landlord doing marginally better than himself.



  • Registered Users Posts: 491 ✭✭SwimClub


    Where did I say edenderry is a stone's throw? My point was the opposite, no-one has some God given right to live where they want to live.

    A lot of people just get on with it and thrive anyway, others just add it to the list of reasons everyone else is responsible for them not thriving.



  • Registered Users Posts: 4,460 ✭✭✭FishOnABike


    You claimed landlords would happily get better deals elsewhere if it weren't for HAP. I asked you how.



  • Registered Users Posts: 18,455 ✭✭✭✭bucketybuck


    No, you have jumped into a discussion without reading from the start of it and have picked up the wrong end of the stick. I have no particular interest in entertaining that.



  • Registered Users Posts: 893 ✭✭✭Emblematic


    Sorry I misunderstood your earlier post. I would still maintain that landlords are benefiting from HAP. Bearing in mind that over half of tenancies have some sort of government support associated with them. I think it was almost 1B euros in 2021. If those supports were removed, yes, most of the landlords would still be able to rent their properties but with less money being pumped in from outside, rents on average would be lower.



  • Registered Users Posts: 491 ✭✭SwimClub


    With rent control many of those existing HAP rentals are way behind market rents.

    What is increasing rents is the new institutional units coming on line and they are free to market those at crazy rents.

    When small landlords get out, including the HAP landlords, the cheaper rent controlled units are flushed out of the rental system as they are bought by owner occupiers and are only partially replaced in the rental market but with more expensive units, new builds from from funds. This is driving up rental prices. How can HAP increase rent when rent controls cap increases at 2%?

    The rental market is shrinking with landlords getting out so the demand for less units will also increase rent prices that are set at this new market rate by new entrants.

    The government have no replacement when the HAP landlords sell up so they are buying those units - now we have no HAP but tenant renting from the local authority, and the government blows several hundred grand on housing no-one new. Money that could have been spent on building a new unit and increasing overall supply.



  • Registered Users Posts: 893 ✭✭✭Emblematic


    Sorry I misunderstood your earlier post. I would still maintain that landlords are benefiting from HAP. Bearing in mind that over half of tenancies have some sort of government support associated with them. I think it was almost 1B euros in 2021. If those supports were removed, yes, most of the landlords would still be able to rent their properties but with less money being pumped in from outside, rents on average would be lower.



  • Registered Users Posts: 893 ✭✭✭Emblematic


    @SwimClub my mistake. I mistakenly quoted you when intending to reply to bucketybuck.



  • Registered Users Posts: 893 ✭✭✭Emblematic


    Presumably if the landlord agrees to the LA buying the property then rent is continued to be paid until ownership transfers.



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  • Registered Users Posts: 9,104 ✭✭✭Red Silurian


    Earlier in the week on NT somebody made the claim that corporate landlords are paying 12.5% tax on profits while small time landlords are paying up to 50% on the amount they charge on rent

    Seems a bit bizarre to me... Can anybody confirm how true it is?



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