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Tenant in situ scheme

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  • 24-03-2023 12:44pm
    #1
    Registered Users Posts: 6


    Hi our landlord is selling to the council, he has accepted the councils offer. We are currently on HAP. Our notice is up In a few months. Just wondering what actually happens to the tenant, ie us , do we automatically get to stay on as council tenants, and if so does one scheme just transfer over or is there much we have to do to become the council tenant. That’s hoping it all goes through!



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Comments

  • Registered Users Posts: 8,030 ✭✭✭Rows Grower


    Contact your local HAP department or TD for confirmation.

    "Very soon we are going to Mars. You wouldn't have been going to Mars if my opponent won, that I can tell you. You wouldn't even be thinking about it."

    Donald Trump, March 13th 2018.



  • Registered Users Posts: 893 ✭✭✭Emblematic


    @Apkb2592Conor, There seems to be very little published information on the scheme so it would be great if you could keep us updated on your progress. This would help others in a similar situation.



  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden


    I am selling to the council. One of the stipulations was that it is vacant on the day of the sale. Anyone else ive heard of selling to the council has had that too.



  • Registered Users Posts: 6 Apkb2592Conor


    Do you have current HAP tenants? Everyone we’ve talked too, letting agent/auctioneer, hap , councillors etc all said to sit and wait that if it’s being bought it’s because we are on hap/housing list and will be at risk of homelessness. Nothing ever works that simply with the council so we are seriously wondering what happens.

    Post edited by Apkb2592Conor on


  • Registered Users Posts: 893 ✭✭✭Emblematic


    My guess is that your arrangement is probably not part of the tenant-in-situ scheme.



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  • Registered Users Posts: 15,956 ✭✭✭✭Spanish Eyes


    I often wondered about tenants in such a situation. Surely if a tenant is not a housing list priority, then the house would be allocated to the next person on the list for that area and therefore the property must be vacant when sold?

    Things may have changed, but a number of years ago we sold the house of a relative, there were HAP tenants in situ, the council were willing to buy but vacant possession was mandatory. We sold privately for a better price and got vacant possession after a bit of heartache too.

    As I said, things may have changed.



  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden


    My guess is that its extremely rare. At least I havent heard from anyone selling under it. And I know quiet a few landlords either selling at the moment or getting ready to sell.



  • Registered Users Posts: 893 ✭✭✭Emblematic


    I don't think it is a widely publicised scheme but seems to have been around for a couple of years.



  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden


    No mine was empty. My sister had 2 apartments. Council made her several offers and made it clear they had to be empty, but she didnt go with them in the end. Her last tenants were both HAP.



  • Registered Users Posts: 3,504 ✭✭✭Ginger83


    My sister sold a house to the council and it was strictly with vacant possession.



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  • Registered Users Posts: 893 ✭✭✭Emblematic


    From the government's website:

    Increasing tenant in situ acquisitions

    • in light of the challenges in addressing homelessness, combined with continuing exits from the private rental market, Government will continue to support opportunities for the acquisition of properties to prevent homelessness and will take further targeted measures to increase acquisitions of properties where a landlord is selling the property
    • in April 2022, Government reinstated the delegated sanction to local authorities in respect of social housing acquisitions. The reinstatement of delegated sanction has allowed local authorities to respond with more flexibility to secure acquisitions which support a household to exit or to prevent homelessness
    • Government will support local authorities to acquire at least 1,500 social homes in 2023 with a further expansion of that target as required. The majority of these will be focused on properties where landlords are exiting the market and there is already a social housing tenant in place
    • the Department of Housing has written to each local authority to instruct them to target acquisitions on HAP or RAS tenants under a Notice to Quit, develop their own acquisition plan and seeking a report on acquisitions in train for 2023 which is due to be received by the end of March
    • the Department of Housing is setting up a “Acquisition Delivery Team” to ensure each Local Authority meets its Tenant in situ purchase targets
    • a cost rental tenant in situ backstop will be applied on an administrative basis from 1 April prior to legislative enactment with a view to supporting households at risk of homelessness

    [source] (emphasis mine).

    From this it looks like it is a scheme that was small scale in nature but is being ramped up to deal with issues around the ending of the ending of the no fault eviction ban.

    So people's experience of having to evict when selling to the LA in the past probably don't apply here to the same extent.



  • Registered Users Posts: 893 ✭✭✭Emblematic


    Very poor information outside of that.

    For example on Dublin City Council's website, very little information for individuals.

    Performing a search in google reveals a lot of minutes from meetings and such but no page with information for landlords or tenants.



  • Registered Users Posts: 6 Apkb2592Conor


    Yes Information is very poor, we have tried asking in a lot of places . We know an offer has been accepted on the property but that doesn’t mean much until the sale goes through. We’ve a young family so really want to find out possible senarios.



  • Registered Users Posts: 893 ✭✭✭Emblematic


    And the landlords selling don't even seem to know about it. Shocking to think there may be homelessness simply because information is not published.

    But you are probably still best advised to explore every option not merely this scheme.



  • Registered Users Posts: 1,215 ✭✭✭herbalplants


    Where is all these cash coming from that government is using to buy so many houses to house people? Is there an infinite money tree in their garden?

    Living the life



  • Registered Users Posts: 1,786 ✭✭✭DownByTheGarden


    They do know about it. If you were interested in it and asked about it you are told no.

    It would be a rare case where you wouldnt get more money on the open market than going direct to the council.

    In my sisters case she had hap tenants and asked about it and the council made an offer but wanted vacant posession.

    In my case the tenants were already gone anyway, the council bid me a few tens of thousands more than their first bid after other bidders bid against them. I really dont understand why anyone would sell a property without testing the market. Probably costing themselves a fortune by not offering it to bidders.



  • Registered Users Posts: 893 ✭✭✭Emblematic


    Thanks for the correction. Well thankfully the scheme seems to be set to ramp up and it will probably be more information on it in the coming weeks. Still not enough for tenants in risk of homelessness but it is a start.



  • Registered Users Posts: 1,215 ✭✭✭herbalplants


    Living the life



  • Registered Users Posts: 1,215 ✭✭✭herbalplants


    Well they are thinking somehow that they need to reign it in.... So not sure they can keep buying these houses for all the tenants out there... Such a mess

    https://www.irishtimes.com/business/economy/2023/03/24/economic-turmoil-means-finance-ministers-must-rein-in-spending-donohoe/

    Living the life



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  • Registered Users Posts: 1,215 ✭✭✭herbalplants


    Such a disaster... Imagine even in Co mayo they have shortage... Seriously who is this single buyer

    Living the life



  • Registered Users Posts: 23,514 ✭✭✭✭ted1


    I’m currently selling to the Dublin City council. Tenants are being kept on , they are on hap. No need for them to move out

    Im getting market rate + saving on not paying Estate agent fees.

    I’m going to delay the sake to see if they will bring in CGT exemption



  • Registered Users Posts: 893 ✭✭✭Emblematic


    Although you have it in the thread title, could I ask if you definitely heard the sale is part of the tenant-in-situ scheme and who did you hear it from? Was it the landlord or do you have confirmation from the LA?



  • Registered Users Posts: 3,759 ✭✭✭C3PO


    This is the most important question OP - is the house being bought by the council as part of the “tenant in situ scheme”? If not, then you will need to vacate. Has your landlord given you notice to quit?



  • Registered Users Posts: 893 ✭✭✭Emblematic


    I think it may have been one of these schemes that is in the gift of TDs but deliberately not well known outside until the recent decision to allow no fault evictions when the scheme started to be discussed in the media. I would not be surprised if many staff in the LAs aren't aware such a scheme exits and are therefore continuing to insist on vacant possession.

    There's another much more widely published scheme for mortgage holders. If they can't pay the mortgage through no fault of their own then there's the mortgage-to-rent scheme.




  • Registered Users Posts: 1,215 ✭✭✭herbalplants


    Not sure where all this cash buying houses will come from as government seem to be paying even more than market rate which is all honky dory but begs the question when will they run out of cash?

    Living the life



  • Registered Users Posts: 6 Apkb2592Conor


    Yes we were given notice before the landlord approached the council. I informed them of the scheme after talking to hap and was told that the landlord was considering it. The letting agent / auctioneer has told us that we recently that all going well with the sale would just be paying the council rent instead of them. They also wanted to know if and how long we were on the housing list to add to help the application so we have assumed it was that scheme



  • Registered Users Posts: 7,391 ✭✭✭Jinglejangle69


    So it’s basically get on HAP, skip the social housing list and stay in the house been sold forever at a discounted rent.


    This country is heading for a massive fall off a cliff edge.



  • Registered Users Posts: 893 ✭✭✭Emblematic


    Something like this is needed though if no fault evictions are to be allowed again in times of rental shortage, so that people can keep their homes.



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  • Registered Users Posts: 1,811 ✭✭✭mrslancaster


    Something like this is really unfair to families who have been on the waiting list for years. It will be galling to those people who have been waiting many years to see HAP and RAS tenants in private rentals skipping ahead and getting a council house before them

    Would the scheme apply if say the HAP or RAS tenant has only been renting for a year for example?



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