Warning to landlords considering HAP tenants

The Horseman said:
Correct me if I am wrong but these are the standards for rental accommodation, the standards for HAP are greater than these and I wanted to see a copy of the checklist for HAP.
Click to expand...

I don't think that there are different standards for HAP. When I had an inspection, the report referred to the quoted standards only.
 
Bronte said:
In any case if we all agree we can modify a contract.
Click to expand...

Just have that in writing to cover yourself.

Bronte said:
Also speaking of illegality, HAP are illegally withholding 20% of the rent.
Click to expand...

I'm not sure what that refers to.

Bronte said:
I'm aware that Threshold wishs the minister to make it one month's deposit. I think three months is fairer because of the damage some tenant's do. I've no issue with a deposit scheme. Because I bet anything landlords like me who don't make deductions from deposits will be the winners.
Click to expand...

The proposals still seem to include references to assigning authority to the PRTB to limit the deposit to a single month. I don't think any deposit scheme they bring in will ever allow 3 months as that would be seen as a barrier to HAP tenants. But such a scheme, while adding overheads, if managed fairly should eliminate many of the current disputes that end up before the PRTB. The proposals do include moving to an annual registration process and fee to cover the increased administration and allow the PRTB to become self-financing.
 
Im aware of a situation where the landlord asked the tenant would they require hap when they moved in. The tenant said no. Tenant paid deposit and first month's rent in advance. No sooner were they in than they said they actually needed hap.

The landlord gave them their notice for basically lying and obtaining the property by deception.

And now it's going through the RTB. In the meantime inspectors came out and issued the famous list of repairs that will cost thousands.
 
Last edited:
Leo said:
Just have that in writing to cover yourself.

I'm not sure what that refers to.


The proposals still seem to include references to assigning authority to the PRTB to limit the deposit to a single month. I don't think any deposit scheme they bring in will ever allow 3 months as that would be seen as a barrier to HAP tenants. But such a scheme, while adding overheads, if managed fairly should eliminate many of the current disputes that end up before the PRTB. The proposals do include moving to an annual registration process and fee to cover the increased administration and allow the PRTB to become self-financing.
Click to expand...

I have zero in writing.

Non resident landlords get 20% of the rent held back by HAP. I believe they have no legal right to do so. Because it’s supposed to be the tenant who deducts it. HAP is not the tenant. But the tenant doesn’t get the rent. So the tenant can’t deduct it. The withheld 20% is a credit against that years tax. Actually HAP have even the 20% wrong. Because the tenant pays some rent too. To the council.

So the RTB is expanding and the costs for landlords to run it are increasing. They recently changed registrations from 4 years to 6 and now they’re going to give us all more administration with yearly registrations.

As I said I’ve no issue with a deposit scheme. It will stop rogue landlords. But ultimately we will get to keep more of the deposit. You’d be amazed what Irish get away without paying as landlords just accept it. Here on the continent you get a massive bill if you leave a painting hole on the wall or a tiny scratch on a floor. There’s even the height of the hedge to be the same as when you rented. No problems as regards furniture though, as most everywhere is let unfurnished.
 
The world has gone mad. If a landlord wants to charge 6 months’ rent, use AirBnB, or ban HAP tenants, he/she should be free to do so.
 
Gordon Gekko said:
The world has gone mad. If a landlord wants to charge 6 months’ rent, use AirBnB, or ban HAP tenants, he/she should be free to do so.
Click to expand...
Many students accommodations charge rent in two moities. Up front. And we all know why.

If they bring in a new deposit law we can just demand three months rent up front constantly to get around it.

I agree with you about the Air B&B.

And disagree about HAP. People shouldn’t be discriminated against.
 
Last edited:
Bronte said:
Many students accommodations charge rent in two monites. Up front. And we all know why.

If they bring in a new deposit law we can just demand three months rent up front constantly to get around it.

I agree with you about the Air B&B.

And disagree about HAP. People shouldn’t be discriminated against.
Click to expand...

Charles Hurst discriminate against me though. I want to buy an Italian sports car and they keep demanding money for it which I don’t have.
 
Gordon Gekko said:
Charles Hurst discriminate against me though. I want to buy an Italian sports car and they keep demanding money for it which I don’t have.
Click to expand...


Get one of those price controlled Italian sports cars. They can only charge you the same price as the Nissan Micra for sale beside it. And if you are really clever make sure you buy one from a garage which was selling them at a discount the day before the sports car price control came in.
Oh and them just stop paying for it as soon as you get it. Free car for a couple of years. Then you can rinse and repeat.
 
I think what you might be hitting here is changes to build standards/codes and PRTB/HAP standards over 15 years.
You will probably find that many owner occupied homes build more than 10 years ago wouldn't meet HAP standards.
 
There's no way the house I rent would meet RTB standards. I wouldn't expect my landlord to spend what it would cost to bring it up to specification. I pay low rent. He's a nice guy. I expect him to cover reasonable repairs etc but it's an old house and I don't expect it to be perfect.
 
The Horseman said:
Correct me if I am wrong but these are the standards for rental accommodation, the standards for HAP are greater than these and I wanted to see a copy of the checklist for HAP.
Click to expand...

You are wrong, they are the exact same standards. There is no checklist for HAP, there is only the standards for rental accommodation.
 
I am due a HAP inspection. Is there anything I need to do up front? I was told that I need a Gas and Electricity certificate ? is this correct?
 
Fredmck said:
I am due a HAP inspection. Is there anything I need to do up front? I was told that I need a Gas and Electricity certificate ? is this correct?
Click to expand...

I would ask the council on what basis this has been requested. They cannot request a cert unless there is a requirement for you to provide one.

The relevant legislation is
HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS 2017
http://www.irishstatutebook.ie/eli/2017/si/17/made/en/pdf

and in my opinion that does not say that you need any Gas or Electricity cert.

Please let us know how you get on.
 
Bronte said:
Non resident landlords get 20% of the rent held back by HAP. I believe they have no legal right to do so. Because it’s supposed to be the tenant who deducts it. HAP is not the tenant. But the tenant doesn’t get the rent. So the tenant can’t deduct it. The withheld 20% is a credit against that years tax. Actually HAP have even the 20% wrong. Because the tenant pays some rent too. To the council.
Click to expand...
I'm pretty sure they have legal grounds to make the deduction.

I don't believe the legislation mentions the 'tenant'. The guidance notes might, but the tax consolidation act refers to the person making the payment. Well technically 'by or through', which covers the situation where rent is paid to an Irish agent. It would also cover HAP deducting the 20% from the rent that the tenant pays to them.
 
I've had HAP tenants since it first became available in 2015/6 (can't remember exact date). Just had first inspection, only items of concern were gas boiler service and CO alarms. I ordered 3 CO alarms from Amazon for 45 euro and arranged that boiler service so that should be that hopefully.

Also I live overseas but get the full rent paid direct to me. I still do my taxes every year as required.
 
I am completing my thesis on the topic of HAP and would appreciate if anybody who was interested could contact me so I could get your input into the above. There's been a lot of negativity directed at landlords who won't accept HAP and I want to speak to someone who would give their side of the story from a landlord's perspective. If that doesn't interest you then please ignore this, otherwise you can contact me via my account name. Thanks for your time.
 
If a HAP tenant stops making their agreed contribution to the relevant council then HAP will immediately stop paying the landlord. This is a fact. You are then at the mercy of the
wonderful RTB

For this reason I'M OUT
 
robert 200 said:
If a HAP tenant stops making their agreed contribution to the relevant council then HAP will immediately stop paying the landlord. This is a fact. You are then at the mercy of the
wonderful RTB

For this reason I'M OUT
Click to expand...

I have at least two rentals where the HAP claim they are paying the max allowed for the number of bedrooms.
This statement above greatly concerns me and I have contacted HAP to confirm it. If true I will have to weigh up the risk/benefit of asking for any rent increase.
 
robert 200 said:
If a HAP tenant stops making their agreed contribution to the relevant council then HAP will immediately stop paying the landlord. This is a fact. You are then at the mercy of the
wonderful RTB

For this reason I'M OUT
Click to expand...

That's why I decided to instead sign up to a long term lease where the council are my tenant, as of tomorrow,I'm only responsible for structural maintenance, paid every month so far since July 27th, don't even know who lives in the house
 
You must log in or register to reply here.
Back
Top