# RAS Tenant wants to break agreement



## lopin (28 Oct 2016)

Hi All,

What happens if RAS tenant want to break agreement, got a tenant on RAS scheme that want to get out of 3 years tenancy. New agreement was only signed last June. I dont want to break agreement as it costs too much to get house sorted for new tenant. Any advice welcome


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## Brendan Burgess (28 Oct 2016)

I thought that the RAS contract was with the local authority?  So it's up to the local authority to get a new tenant and to fix up the place. 

Brendan


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## lopin (28 Oct 2016)

Many thanks Brendan, will update when I have more information


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## facetious (29 Oct 2016)

As far as I understand, the local authority only find a tenant - they do not fix up a place (nor pay for it), they do not get involved with deposits or deposit claims. In fact they absolve themselves from virtually every problem that may arise between landlord and tenant.

I could be wrong though and stand to be corrected.


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## moneybox (29 Oct 2016)

For longer tenancies over ten years the council are responsible for all maintenance and repairs, tenant management and rent paid to landlord every month.


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## Brendan Burgess (29 Oct 2016)

Hi lopin - Are you sure you are in the RAS?  Maybe you just have an ordinary tenant who is in receipt of rent supplement? 

Here is the Dublin scheme. I assume it's the same throughout the country. 

By fix up the place, I meant between tenancies. I would imagine that they would not fix it up after the last tenant. 



[broken link removed]

Under the Scheme, Dublin City Council wish to enter into direct contracts with Landlords for their properties for a minimum of 4 years.

*What does RAS offer?*
There are a number of benefits to landlords by going on the RAS.


Guaranteed rent for a minimum of 4 years
No vacancies
No advertising costs
Tenants screened for you
No arrears
No rent collection


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## cremeegg (29 Oct 2016)

RAS contracts are not the same in every local authority area, nor are they the same over time within a single local authority. 

RAS has been partially replaced by HAP (Housing Assistance Payment).

Some contracts provide that the authority will lease the property for a fixed period of time. The landlord then has not right to approve any new tenant. Others are for the duration of a particular tenancy only.

Some contracts the tenant gets a payment from the LA and pays the landlord, others the LA pays the landlord directly.

You need to read the contract carefully. It may even be worth while sitting down with a solicitor to ensure that you understand the terms, especially in connection with rent reviews. Many contracts provide that the LA can review the rent, possibly downwards.


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## lopin (29 Oct 2016)

Hi All, Just to update. Been contacted by tenant this morning, she wants to break the agreement because she found another house that she wants to move into. she informed me that she contacted council and was advised by them, to get me to write a letter to council stating that I wanted to sell the property and they would then break the agreement. I am not prepared to do this as it would mean I would have to do a full refurb. The question I have is, if tenant decided to move out would RAS still keep paying my rent. If RAS moved another tenant into my property would they be responsible for doing up the property.


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## cremeegg (29 Oct 2016)

Check your contract. They are not all the same.

In practical terms I doubt very much the council would continue to pay if the tenant moved out. They would find some way to say you had terminated the lease, for example the letter mentioned.

I think that you have a real problem here. The intention-to-sell letter basis to end a lease was tightened up by legislation earlier in the year. You now must provide a signed declaration before a commissioner for oaths or similar. See link [broken link removed]. I suggest that you stay away from this.

As a practical suggestion I think you should tell the tenant that they must either pay to do up the house to a new letting standard or find a new tenant to take on the lease as is. Otherwise they cannot leave. You should also contact the council and say that you will not accept the tenant leaving before the term is up.


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## KOW (29 Oct 2016)

lopin said:


> Hi All, Just to update. Been contacted by tenant this morning, she wants to break the agreement because she found another house that she wants to move into. she informed me that she contacted council and was advised by them, to get me to write a letter to council stating that I wanted to sell the property and they would then break the agreement. I am not prepared to do this as it would mean I would have to do a full refurb. The question I have is, if tenant decided to move out would RAS still keep paying my rent. If RAS moved another tenant into my property would they be responsible for doing up the property.



Have a property with SDCC Ras Scheme. Tenants have left for various reasons over the years. Bottom line the council send on replacement tenants and unfortunately I had to tidy up property each time. On two occasions the property was left empty by the council for over a month before new tenants were lined up. I got paid normally/each month tenant or no tenant. Its a pain and costly every time a tenant leaves but unfortunately us greedy landlords are required to suck it up.


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