Homeless HAP tenant wants landlord to give her notice

CollyFlower · 26-08-2024 12:55am

Don't do it, tell them you've spoken to your solicitor who advised you not to do it, as a false notice request could be considered fraudulent and could lead to legal consequences for both you and the tenant.

Mrs OBumble · 26-08-2024 1:29am

https://www.boards.ie/discussion/comment/122544258#Comment_122544258

Even better- really do speak to a solicitor, and follow the advice.

There are issues all over the place here: if the owner allowed the boyfriend to move in, then they facilitated overcrowding. If they weren't asked for permission about the boyfriend, then there's an issue about why nothing was done when this came to light.

spaceHopper · 26-08-2024 1:09pm

You've been to soft, you should have acted when the BF moved in in the first place. I've learned the tard way too that been nice bites you in the ass.

The long and the short of it is that they have probably done as much damage as they are going to do by now and if you keep the place you'll have to renovate it. That money is gone but it's also a tax write off. 600 on a new oven v not paying rent for two years. It's a no brainer - live with the repairs.

I wouldn't give her notice, HAP will stop paying she'll stop paying and never restart. She's happy to put herself and three children into a hotel for emergency accommodation for several months till the council gift her a 4 bed house.

The way she's looking at it is - if she moves now on her own, she's not going to get homeless hap and will have to pay something towards the a new house. If she gets you to "make her homeless" she'll get it for free.

If she's on homeless HAP then maybe she's not paying anything towards her rent, which suits you perfectly as she can't stop paying it which would result in HAP stopping paying you. Right now you'll always be paid.

Can you check if all bills are up to date she's not going to sting you with arrears for gas and electricity

You could tell her you are not happy to give her notice and offer a letter telling her that the place no longer meets her needs and that she should talk to the council to source alternative accommodation. But even that could be used against you. I'd push back on giving her anything. Just keep saying you are not going to give her formal notice as that could result in HAP stopping and you aren't in a position to deal with that if she's not able to find somewhere else or pay rent.

Ireland Margaret · 26-08-2024 1:43pm

Exactly, I'm not able to deal with HAP quiting her payment of rent. I've asked her if after 180 days would she be able to pay the rent which she said yes. Although I believe she might say anything to get the notice in her hand.

I've no I can't give you notice. Please find another house and let me know the date you're leaving. I can then tell HAP once she is permanently gone. They stop payments.

She told me the boyfriend stays in Cork. 😒 🤔

Ray Palmer · 26-08-2024 2:44pm

https://www.boards.ie/discussion/comment/122545701#Comment_122545701

What forms have you already signed for this tenancy? How many people are you filling out that are living there? Once her boyfriend moved in she should have reported this to social welfare. They would reevaluate her social welfare benefits.

You mentioned they got a new cooker from the the state which sounds really strange. The state will not provide a landlord with a free cooker which is what happened there. They will provide white goods if it is council housing but not private rentals. What did they do with the cooker you provided?

Ireland Margaret · 26-08-2024 3:56pm

HAP have never done repairs or paid for broken stuff. I bought the oven.

I was told the boyfriend lived in Cork but came up to see them. Update, she is looking for new house and talking to social worker who should appeal for larger housing. She can't stay there it's too small.

spaceHopper · 27-08-2024 1:07pm

@Ireland Margaret

Update, she is looking for new house and talking to social worker who should appeal for larger housing. She can't stay there it's too small.

Let her deal with it, don't give her anything that could comeback on you.

dasa29 · 31-08-2024 10:30pm

https://www.boards.ie/discussion/comment/122546581#Comment_122546581

Question why is she talking to a social worker and not the Council Housing Dept. she is getting the HAP from?

I can get Homeless Hap as I am on the housing list for nearly 10 years, and I was told that as soon as I get

a place who will take HAP, that once approved I have to move to the Council housing transfer list within 2 weeks to keep all my time on the housing list.

https://www.inou.ie/information/other-benefits/housing-assistance-payment/

From the Above link

"When you are approved for HAP, you will receive a letter and a form to apply for a transfer from your local authority. If you apply for a transfer within two weeks of the date of the letter, any time you spent on the housing list before you entered HAP will be taken into account when your local authority considers your application.

This means that you can be placed on your local authority’s transfer list at the point you left the housing list. In other words, you do not have to start from scratch. You can apply for transfer at a later date too, but your previous waiting time on the housing list will not count."

"Once you have been approved for HAP, you will be expected to stay in the same property for at least two years. However, you may be able to apply for a new HAP payment for another property sooner if your circumstances change.

For example, if you receive a job offer in another town, or if your family has another child and the property is no longer big enough."

Homeless HAP tenant wants landlord to give her notice

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