# Is rent increase allowed for HAP tenants ?



## landlord (10 Aug 2020)

Sorry I am very confused by all the new COVID legislation. Are we allowed to increase rent on tenants whose rent is paid by the HAP? I spoke to 2  different people on the phone at the HAP and neither were certain and both told me they couldn’t process the rent increase at this time. 
I thought as of the 1st of August the emergency Covid period was over and rent increases were allowed?


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## Sarenco (10 Aug 2020)

A landlord can give notice of a rent increase but that rent increase cannot take effect before 11 January 2021 if the tenant has made the necessary COVID-related declaration to the RTB.

Discussed on this thread –





						Rent Freeze To Be Extended Beyond 20 July
					

@Brendan Burgess   1)  A landlord can give notice of a rent increase but that rent increase cannot take effect before 11 January 2021 if the tenant has made the necessary declaration to the RTB.  How a landlord is to know that such a declaration has been made is unclear.  2)  Yes, that's...



					www.askaboutmoney.com


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## landlord (10 Aug 2020)

I guess a tenant who has their entire rent paid by the HAP, is unlikely to make a COVID related declaration to the RTB. It would be a waste of their time and they would have nothing to gain by doing it.


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## EO2020 (11 Aug 2020)

Nobody has their entire rent by HAP, everyone makes a contribution. Often the max amount, plus, since most rents are above HAP maximum levels, a lot of tenants will be paying a top up to the landlord as well as their contribution. For those tenants, any increase adds on to their top up and does not go through HAP.


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## landlord (12 Aug 2020)

EO2020 said:


> Nobody has their entire rent by HAP, everyone makes a contribution.


This is not true. Two of my properties have tenants on the “homeless HAP scheme” and their entire rent is paid by HAP.


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## landlord (12 Aug 2020)

Regarding HAP increasing rent. I received yesterday an email from them
......


“Hi ..........

We can now increase the rent. We will need a new RPZ calculator with a notice period of 90 days from yesterday (10/7/20) as this when freeze was lifted.”


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## EO2020 (12 Aug 2020)

I meant regular HAP, homeless HAP is a separate scheme with different rules.


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## Bronte (12 Aug 2020)

EO2020 said:


> Nobody has their entire rent by HAP, everyone makes a contribution. Often the max amount, plus, since most rents are above HAP maximum levels, a lot of tenants will be paying a top up to the landlord as well as their contribution. For those tenants, any increase adds on to their top up and does not go through HAP.



Why would tenant's be paying top ups.


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## Bronte (12 Aug 2020)

EO2020 said:


> I meant regular HAP, homeless HAP is a separate scheme with different rules.


Never realised that. Are they both called HAP. I have HAP tenants, I get fully paid by HAP and the tenant pays something to HAP.


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## EO2020 (12 Aug 2020)

Bronte said:


> Why would tenant's be paying top ups.



Because HAP only pay up to their ceiling amount, and rents are actually more.

For example: the rent on a house is say, 1400 per month. HAP ceiling for that area is, say, 1200 per month. So HAP pay 1200 to the landlord, and the tenant has to pay the extra 200 directly to the landlord (as well as their contribution to HAP, which could be anywhere from 20 to 200 euro per week. Or 0 if homeless HAP).
So then if the rent increases to 1500 a month, the tenant increases their top up to 300 a month, as the HAP can't be increased.


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## EO2020 (12 Aug 2020)

Bronte said:


> Never realised that. Are they both called HAP. I have HAP tenants, I get fully paid by HAP and the tenant pays something to HAP.



It's a specific version of HAP for identified homeless people/families. Its like regular HAP but more generous, such as deposit and up front rent available (normal HAP the tenant must have that)






						Homeless HAP - Housing Assistance Payments
					

What is Homeless HAP? The Homeless HAP scheme helps people who are homeless or at risk of becoming homeless. It gives more supports to tenants than the regular HAP scheme. These extra supports include deposits and upfront rent payments to help homeless households find a suitable HAP tenancy. The...




					hap.ie


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## landlord (12 Aug 2020)

I have sent an email back to confirm that this rent increase approval applies to both homeless HAP and regular HAP. Will refer back......


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## landlord (13 Aug 2020)

Email back from the agent I had been communicating with in homeless HAP...

Can I ask this approval of rent increase. Does it only apply to homeless HAP or does it also apply to regular HAP tenants? Thanks ....

the reply this morning.....

“Hi ......
It should be for all HAP’s”

so it appears that with HAP tenants at least we have the green light to now give 90 days notice of rent increase.


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## dereko1969 (13 Aug 2020)

Can I ask why you are increasing the rent? Is there a danger that your tenants could move out, with the increase in supply of properties due to Airbnb tanking there is more choice out there and rents may tumble.


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## landlord (14 Aug 2020)

dereko1969 said:


> Can I ask why you are increasing the rent? Is there a danger that your tenants could move out, with the increase in supply of properties due to Airbnb tanking there is more choice out there and rents may tumble.


Homeless HAP pay 100% of the rent. The tenant pays nothing. Also I am currently getting below market rent.


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## Drakon (28 Sep 2020)

I intend to increase my HAP rent as soon as possible. How do I go about it? There’s little I can find out about it online.


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## Drakon (29 Sep 2020)

Six page form to be filled. I’m increasing rent from 1050 to 1165 (the max I’m permitted. 
This new amount will be half the going rate. 
To avoid Covid complications I’ve chosen 01/02/2021 as commencement date.


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## 7 of 9 (29 Sep 2020)

I've also been trying to find information on how to increase rent with HAP. They pay the full amount of rent, which is about half the market rents in the area.  Drakon where did you find the 6 page form?


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## Drakon (30 Sep 2020)

Forms, Tools and Templates | Residential Tenancies Board
					

This project is a web platform and ONE STOP for landlords, tenants, researchers and public to access all relevant residential tenancy information and communicate with Residential Tenancy Board in the most modern, efficient and convenient to you way.




					www.rtb.ie
				




Search for “Notice of Rent Review”

The RTB website isn’t completely phone compatible but works fine from a laptop.

You’ll need to fill it up, send it to your tenant(s), and they send it to the HAP department of the local authority. 
I’m not 100% sure how the payment is broken down between tenant and LA but in my case the increase will not affect my tenant.


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## 7 of 9 (30 Sep 2020)

Drakon said:


> Forms, Tools and Templates | Residential Tenancies Board
> 
> 
> This project is a web platform and ONE STOP for landlords, tenants, researchers and public to access all relevant residential tenancy information and communicate with Residential Tenancy Board in the most modern, efficient and convenient to you way.
> ...


Thank you Drakon


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