Trouble getting correct correct forms from landlord for HAP /not getting rent allowan

oranbhoy67

Hi as the headline says I have an issue where I have a new landlord ,
I was getting rent allowance with my old landlord but he lost the flat to the bank, I then went on rent strike with the bank as they weren't carrying out any repairs on my flat or doing general landlord duties, i told the rent supplement people this right away as soon I stopped paying rent & they thanked me for informing them and stopped my rent allowance,

Fast forward to now I have a new landlord this last 2 weeks which co incided with the county council telling me to apply for a HAP scheme,

I filled in my form & ,got the landlord to fill in his form but when I took it to the public service centre they told me that there was 2 documents missng from the landlords application and they couldn't accept it

Problem is the last day I have to bring in my application is tomorrow (9th) & my landlord says he has one document ready ( his proof of bank account) but he has trouble getting a hold of the other document he needs to prove ownership of the house , he is trying to get a copy of the building insurance but he keeps passing on excuses on why he can't get it.

I suppose my question is that do I have a right to withhold rent until he sorts this out ( I've paid him the first week rent out of my social welfare money but I can't afford to continue doing this ) ad I havent signed a contract with him , also would I be able to apply for rent allowance in the mean time

Sorry for long post, any advice welcome

Gatling

You can't legally withhold any rent and you would be in breach of your lease which could lead to eviction notice

oranbhoy67

Gatling wrote: »

You can't legally withhold any rent and you would be in breach of your lease which could lead to eviction notice

I haven't signed any lease though

haveringchick

oranbhoy67 wrote: »

I haven't signed any lease though

If your in arrears of rent he can commence eviction proceedings against you

Cushie Butterfield

oranbhoy67 wrote: »

I suppose my question is that do I have a right to withhold rent until he sorts this out ( I've paid him the first week rent out of my social welfare money but I can't afford to continue doing this ) ad I havent signed a contract with him , also would I be able to apply for rent allowance in the mean time

As others have said, no you don't have the right to withhold rent. You got away with doing so with the bank as the property was 'in limbo' & they probably weren't that bothered as they were selling it anyway.

The new landlord must have some sort of documentation from his solicitor pertaing to the purchase/sale that would satisfy DSP as regards ownership, or at least until he can get his hands on more official proof.

Under the old rent supplement scheme you'd still have to be contributing at least €30 per week yourself out of your social welfare payment, so you should at least offer this plus perhaps an additional €30 to the new landlord until you can get this sorted out.

I'd advise speaking to your local DSP Rep (Community Welfare Officer) first & explain the current situation. He/she may be able to liase with Co Council HAP &/or Rent Supplement Unit on your behalf given the crossover situation between the two. The very least they can do is advise you on your best course of action & might be in a position to issue you with a once off payment to satisfy the landlord until he can come up with the proper documentation.

LegacyUser

oranbhoy67 wrote: »

Hi as the headline says I have an issue where I have a new landlord ,
I was getting rent allowance with my old landlord but he lost the flat to the bank, I then went on rent strike with the bank as they weren't carrying out any repairs on my flat or doing general landlord duties, i told the rent supplement people this right away as soon I stopped paying rent & they thanked me for informing them and stopped my rent allowance,

Fast forward to now I have a new landlord this last 2 weeks which co incided with the county council telling me to apply for a HAP scheme,

I filled in my form & ,got the landlord to fill in his form but when I took it to the public service centre they told me that there was 2 documents missng from the landlords application and they couldn't accept it

Problem is the last day I have to bring in my application is tomorrow (9th) & my landlord says he has one document ready ( his proof of bank account) but he has trouble getting a hold of the other document he needs to prove ownership of the house , he is trying to get a copy of the building insurance but he keeps passing on excuses on why he can't get it.

I suppose my question is that do I have a right to withhold rent until he sorts this out ( I've paid him the first week rent out of my social welfare money but I can't afford to continue doing this ) ad I havent signed a contract with him , also would I be able to apply for rent allowance in the mean time

Sorry for long post, any advice welcome

How did it work out in the end

oranbhoy67

Sasy wrote: »

How did it work out in the end

My landlord managed to get a letter to me at the last minute from his building insurance company saying that his paperwork was coming thru shortly and confirming he did indeed now own the house, which the HAP folk accepted and then when he got the official documents i presented them to HAP and all worked out well in the end

fifi28

oranbhoy67 wrote: »

My landlord managed to get a letter to me at the last minute from his building insurance company saying that his paperwork was coming thru shortly and confirming he did indeed now own the house, which the HAP folk accepted and then when he got the official documents i presented them to HAP and all worked out well in the end

Sorry to jump in just wondering if you could tell me how long you waited for hap payment to commence once you got your docs into the council? Have just applied and landlord has sent in her side of things

oranbhoy67

fifi28 wrote: »

Sorry to jump in just wondering if you could tell me how long you waited for hap payment to commence once you got your docs into the council? Have just applied and landlord has sent in her side of things

no problem . once the correct forms were filled in I started to get the HAP payment straight away, or rather my landlord did

fifi28

oranbhoy67 wrote: »

no problem . once the correct forms were filled in I started to get the HAP payment straight away, or rather my landlord did

Cheers for the reply. We sent our side of of the form off end of last wk and landlord returned her side plus all necessary docs earlier this wk so were just wondering (more like praying) if it would be sorted by the end of this month (our next rent date) - we have been in our current accomodation for over 5 yrs!

wokingvoter

fifi28 wrote: »

Cheers for the reply. We sent our side of of the form off end of last wk and landlord returned her side plus all necessary docs earlier this wk so were just wondering (more like praying) if it would be sorted by the end of this month (our next rent date) - we have been in our current accomodation for over 5 yrs!

Should be next week no later. Landlord will get the payment not you

fifi28

wokingvoter wrote: »

Should be next week no later. Landlord will get the payment not you

Oh im not getting my hopes up just in case but if I havnt heard anything from them by next wk I will give them a ring just to see where they are with the process. Ah yeah Im aware that they pay landord directly. Our situation is a bit different in that we havnt been in receipt of rent allowance or anything but we have been on the housing list since Nov 2013 and nothing has changed in terms of our family/finaces etc so hoping its just straight forward