# HAP Tenant leaving



## superfan (8 Mar 2021)

Looking for a bit of advice please if anyone can help. My tenant notified me by WhatsApp last Friday that they are moving out in 2 weeks time, completely out of the blue, wasn't expecting it at all. I've no idea if they're even aware they're supposed to give me notice in writing or the amount of notice they're supposed to give me (112 days).
They're not hanging around for no 112 days, I'm pretty certain of that.
We signed up to HAP over 2 years ago, will I continue to receive my payment from them for the duration of the notice period?
I've no idea if the tenant has notified HAP of their intention to leave and I'm afraid to say anything to HAP in case they stop payment from the day they move out.
At the end of the day I'm going to be out of pocket for a while once the tenant leaves because there's no way they're capable of paying it without the assistance of HAP.
So do I sit tight and just say nothing and let the tenant find out for themselves about notice periods etc?


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## OMG_OMG (9 Mar 2021)

I would sit tight and say nothing.  The tenant will probably leave anyway regardless of notice period.
Just tell them they cant move out for the notice period and keep taking hap, if hap keep paying til the end of the required notice period, whether the tenant has left the building or not.  Leave the place there for them, even if they are gone.
You might get lucky and the tenants ships out to another country and hap dont find out.

Really the notice period doesnt apply to the tenant.
Technically you could chase them for it but you will get nothing and it will cost you to chase them.
This is just another case of the laws applying to the landlord, but not to tenants.


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## Leo (9 Mar 2021)

The local authority will stop payment once the tenant stops paying their share though, covered in the T&Cs. 

If the tenant fails to pay the LA their portion of the rent, the tenant becomes liable for the full amount, and you have little hope of recovering anything there.



OMG_OMG said:


> Really the notice period doesnt apply to the tenant.



It absolutely does as the contract is between the tenant and the landlord, the LA are not party to the agreement.


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## Bronte (9 Mar 2021)

Leo is correct as it happened to me.  In the sense that the tenant stopped paying the LA and the LA then send me a letter way after the fact.  Your rent is paid in arrears so you'e no idea right now if you'll get the money at the end of this month.  In my case the tenant got back on track.  Make sure your esb/gas is in their names still and I'd say zero to the LA.  Be glad they are leaving quick so you can sort this out.  

Forget about notice, that's a one way street in Ireland.  

You need to get the property advertised right now and keep the tenant on side to do viewings.


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## OMG_OMG (9 Mar 2021)

Leo said:


> The local authority will stop payment once the tenant stops paying their share though, covered in the T&Cs.
> 
> If the tenant fails to pay the LA their portion of the rent, the tenant becomes liable for the full amount, and you have little hope of recovering anything there.
> 
> ...



What i meant was that the tenant can just ignore the notice period if they choose and nothing will happen to them.
Whereas the landlord cant.

What I was suggesting is that the landlord in this case, just say nothing to the LA.  If the tenant doesnt say anything to the LA during the required notice period, then keep collecting the rent from the LA.  After all the property is still rented until the required notice period is over.


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## Leo (9 Mar 2021)

OMG_OMG said:


> What i meant was that the tenant can just ignore the notice period if they choose and nothing will happen to them.
> Whereas the landlord cant.



Yeah, good point, all the protections favour the tenant.



OMG_OMG said:


> What I was suggesting is that the landlord in this case, just say nothing to the LA. If the tenant doesnt say anything to the LA during the required notice period, then keep collecting the rent from the LA. After all the property is still rented until the required notice period is over.



As Bronte said, with the rent paid in arrears, the LA are unlikely to continue paying once the tenant stops paying them. The terms are clear that they at not liable for rent once the tenant leaves or stops paying. The landlord may not even get paid for the current month, let alone get to collect on future months.


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## superfan (9 Mar 2021)

OMG_OMG said:


> You might get lucky and the tenants ships out to another country and hap dont find out.


No they're definitely not leaving the country, they've got a property from the council.


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## Bronte (9 Mar 2021)

superfan said:


> No they're definitely not leaving the country, they've got a property from the council.


What are you going to do about the rent being paid a month in arrears?


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## superfan (9 Mar 2021)

Bronte said:


> What are you going to do about the rent being paid a month in arrears?


Not sure what you mean but i'm due payment for February on March 31st and I am due payment for March on April 28th, I will know when I get that payment whether hap have been notified of the tenancy ending.


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## Rebecca8 (15 Mar 2021)

My HAP tenant is leaving too. They can choose whatever dates suits them. The tenant will notifify the County council as the tenant will not pay for rent when they have left the property.


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## superfan (9 Apr 2021)

Just thought I'd post an update, not sure if the tenant notified the council when they signed for the keys for the other property or if it was an internal communication within the council but my hap payment was stopped on the day they got the keys to the other property, the same day that I received the whatsapp message.
It was almost another 3 weeks before the tenant moved out and I got the keys back to my property but I got no rent for that period. Contacted the council and they didn't want to know, they said it was between me and the tenant and nothing to do with them. I thought at the very least the council/hap would've paid me up to the day they left the property.
Nothing against hap tenants but I doubt I'll ever go down that road again.


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## Leo (9 Apr 2021)

superfan said:


> I thought at the very least the council/hap would've paid me up to the day they left the property.


Unfortunately the scheme is set up to protect the councils here, the terms cover them in that once the tenant stops paying them, they will stop paying you.



superfan said:


> Nothing against hap tenants but I doubt I'll ever go down that road again.


The problem there is it's illegal to refuse to accept HAP. Seeking higher rents and larger deposits might mean many can't afford your place, but you need to be careful about even mentioning HAP when vetting prospective tenants.


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## Frank (14 Apr 2021)

As problems goes this is about the best you can hope for 

A month or 2 lost rent as long as the property is in good state just standard wear and tare. 

Landlords have no rights no come back, might be a good time to look at the options maybe get out and stop subsiding the tax man


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