Renting to a person recieving HAP

landlord2020

Have a 3 bed which I'm getting ready for rental. Will probably rent to a person receiving HAP


What is the procedure once I agree to rent it to them .. do I contact HAP or what ?

Graces7

Simply; thank you.

Dav010

You don’t have to do anything until the tenant gives you the forms to fill out, but you do need a tax clearance certificate from Revenue to confirm you are tax compliant.

You do need to educate yourself on the benefits and drawbacks of renting to a tenant in receipt of HAP.

The main drawbacks are that rent is paid in arrears and if your tenant stops paying their portion of rent to the Local Authority, the LA in turn stop paying you without warning. Also, the LA will inspect your house to make sure it meets their required standards.

Remember, HAP is an agreement between the tenant and the LA, not between the LA and you. Make sure your tenancy agreement clearly outlines the terms of the tenancy, particularly relating to deposit and rent being paid month in advance. HAP has no baring on the tenancy agreement so the tenant has to pay rent up until HAP payments from LA begin, these must be in advance if your tenancy agreement says so.


http://hap.ie/uploads/files/pdf/landlord-booklet-english.pdf

Gumbo

landlord2020 wrote: »

Have a 3 bed which I'm getting ready for rental. Will probably rent to a person receiving HAP


What is the procedure once I agree to rent it to them .. do I contact HAP or what ?

All as normal.
Tenant arranges everything.
You have to sign a form and prove tax clearance.

My HAP tenant has been brilliant the past 5 years.

Graces7

Also you cannot refuse a tenant because they will be on HAP .

Dav010

Graces7 wrote: »

Also you cannot refuse a tenant because they will be on HAP .

You are not required to accept the tenant either, you pick your preferred applicant irrespective of HAP status.

landlord2020

What happens if I agree to rent to a tenant who says they will be relying on HAP to pay most of the rent, but after a month in the house they find out they dont qualify ( not the house) for some reason. Am I left with a tenant that cant pay and cant be asked to leave ?

Guess what I'm really asking is, is there a way to know they WILL definitely get HAP ? Thanks

godtabh

Check your insurance. Mine doesn’t allow hap tenants

davindub

Dav010 wrote: »

Remember, HAP is an agreement between the tenant and the LA, not between the LA and you. Make sure your tenancy agreement clearly outlines the terms of the tenancy, particularly relating to deposit and rent being paid month in advance. HAP has no baring on the tenancy agreement so the tenant has to pay rent up until HAP payments from LA begin, these must be in advance if your tenancy agreement says so.


http://hap.ie/uploads/files/pdf/landlord-booklet-english.pdf

The link definitely does not say the above.

handlemaster

landlord2020 wrote: »

Have a 3 bed which I'm getting ready for rental. Will probably rent to a person receiving HAP


What is the procedure once I agree to rent it to them .. do I contact HAP or what ?

When the HAP inspection comes you better have money put aside for the upgrading. Do you have the electrical report and gas also if you have it ? Window restrictors on the windows above 2 metres. Ventilation in all rooms.

Scienceless

godtabh wrote: »

Check your insurance. Mine doesn’t allow hap tenants

Is this correct?

chicorytip

handlemaster wrote: »

When the HAP inspection comes you better have money put aside for the upgrading. Do you have the electrical report and gas also if you have it ? Window restrictors on the windows above 2 metres. Ventilation in all rooms.

If a HAP inspection is carried out at all, that is. In some local authority areas less than 10% of properties rented to HAP recipients are vetted.

handlemaster

chicorytip wrote: »

If a HAP inspection is carried out at all, that is. In some local authority areas less than 10% of properties rented to HAP recipients are vetted.

When the inspection is done and it will be the OP needs to have the cash to to the work or the HAP payment stops.

Gumbo

handlemaster wrote: »

When the HAP inspection comes you better have money put aside for the upgrading. Do you have the electrical report and gas also if you have it ? Window restrictors on the windows above 2 metres. Ventilation in all rooms.

I required no electrical report?
Vents should be in every room already.
Window restrictors May have to be retrofitted depending on the age of the property but these are €10 each and can be done DIY. Not a large expense.
Gas boiler service should be done anyway so that’s not an additional item.

Gumbo

handlemaster wrote: »

When the inspection is done and it will be the OP needs to have the cash to to the work or the HAP payment stops.

They give you like 3 months to carry out the works. The payment doesn’t auto stop. They have me time to get the restrictors fitted and then an additional time when I told them they were in short supply.

It’s not a fail and payment stops kind of thing. They tell you what has to be done and allow you reasonable timeframe to carry out any works.

Rows Grower

landlord2020 wrote: »

What happens if I agree to rent to a tenant who says they will be relying on HAP to pay most of the rent, but after a month in the house they find out they dont qualify ( not the house) for some reason. Am I left with a tenant that cant pay and cant be asked to leave ?

Guess what I'm really asking is, is there a way to know they WILL definitely get HAP ? Thanks

The tenant will already have been told if they are entitled to a HAP payment or not. You can contact the HAP department of your local council before actually letting them move in and they will give you a heads up on any issues if there are any.

If you let the tenant in before you receive official approval the payment can be back dated to when they moved in, there might be a small shortage that the tenant is liable for the first month if they moved in early.

Make sure you get your months advance/deposit before you hand over the keys and have a copy of the contract signed by both of ye and all should be good.

handlemaster

Gumbo wrote: »

I required no electrical report?
Vents should be in every room already.
Window restrictors May have to be retrofitted depending on the age of the property but these are €10 each and can be done DIY. Not a large expense.
Gas boiler service should be done anyway so that’s not an additional item.

A electrical report is required

handlemaster

Gumbo wrote: »

They give you like 3 months to carry out the works. The payment doesn’t auto stop. They have me time to get the restrictors fitted and then an additional time when I told them they were in short supply.

It’s not a fail and payment stops kind of thing. They tell you what has to be done and allow you reasonable timeframe to carry out any works.

my point is money has to be there to pay for it. Not everyone has the extra money thats required

Gumbo

handlemaster wrote: »

A electrical report is required

Didn’t ask me for one earlier this year.
This is the leaflet I got sent by Fingal.

https://www.rtb.ie/images/uploads/general/RTB_House_Safety_leaflet.pdf

The_Conductor

Gumbo wrote: »

Vents should be in every room already.

It depends entirely on when the property was built- as the building regs when the property was built is the regs that they will have been built to meet.
Up until 2002 it was permissible to have ventilation built into window frames- and a significant proportion of properties built between 1994 and 2002 used these type window frames. Many (but not all) local authorities do not accept ventilation built into window frames as an acceptable form of room ventilation and demand formal vents be retrofitted into rooms (hence the burgeoning trade that Holemasters cater to). It really depends on the local authority though- some are stricter than others.

dennyk

landlord2020 wrote: »

What happens if I agree to rent to a tenant who says they will be relying on HAP to pay most of the rent, but after a month in the house they find out they dont qualify ( not the house) for some reason. Am I left with a tenant that cant pay and cant be asked to leave?

You can't refuse a tenant because they are using HAP (or planning to apply for HAP), but HAP tenancies can still be terminated for rent arrears the same as any other tenant (though you'll need to pay close attention to the current COVID-19-related tenancy legislation to make sure you aren't running afoul of that). In the worst case scenario, just like with any non-paying tenant, you could be stuck with them for a year or more while you go through the arduous process of legally evicting them, though.

handlemaster

Gumbo wrote: »

Didn’t ask me for one earlier this year.
This is the leaflet I got sent by Fingal.

https://www.rtb.ie/images/uploads/general/RTB_House_Safety_leaflet.pdf

They will. Ask them. Surprises will be coming to you with HAP.

Yellow_Fern

Gumbo wrote: »

I required no electrical report?
Vents should be in every room already.
Window restrictors May have to be retrofitted depending on the age of the property but these are €10 each and can be done DIY. Not a large expense.
Gas boiler service should be done anyway so that’s not an additional item.

Installing hole in the wall vents into a house without is a form of vandalism, especially in a era of concerns about sustainability.

blackbox

1. What happens if the landlord chooses not to modify the house?

2. Can the landlord include in contract with tenant that house is let "as is"?

Gumbo

Yellow_Fern wrote: »

Installing hole in the wall vents into a house without is a form of vandalism, especially in a era of concerns about sustainability.

I never said anything about installing vents

Gumbo

The_Conductor wrote: »

It depends entirely on when the property was built- as the building regs when the property was built is the regs that they will have been built to meet.
Up until 2002 it was permissible to have ventilation built into window frames- and a significant proportion of properties built between 1994 and 2002 used these type window frames. Many (but not all) local authorities do not accept ventilation built into window frames as an acceptable form of room ventilation and demand formal vents be retrofitted into rooms (hence the burgeoning trade that Holemasters cater to). It really depends on the local authority though- some are stricter than others.

Ohh well aware of that, this property was in Fingal area. The allowance of trickle vents continued well beyond 2002. I have a house built in 2006 and full compliance with Part F, trickle vents in the bedrooms and permanent vents in the kitchen and bathrooms (electrical extract vents).

Gumbo

handlemaster wrote: »

They will. Ask them. Surprises will be coming to you with HAP.

I’m a HAP landlord 5 years now. 2 inspections later and a letter from this year stating I am in full compliance. I don’t think I’ll be getting hit with any form of electrical cert request anytime soon.

I’d like to see a copy of the cert they request and to what standard they are requesting it to?

The_Conductor

Part of the problem is a lack of consistency between the different local authority areas- where one set of rules seems to be applied in one area, and a different set elsewhere. This extents to the inspection regime as well- where 4 local authorities claim to have inspected all HAP rentals (and have moved on to regular rentals) in the last 4 years- while others refuse point blank to release figures on their inspection regimes (or have them so far out of date to be meaningless- such as Galway City Council). It shouldn't be so difficult for the various local authorities to sing off the same hymn sheet.

Graces7

Dav010 wrote: »

You are not required to accept the tenant either, you pick your preferred applicant irrespective of HAP status.

In my case a while back the landlord said in writing that " HAP does not suit my husband and I. " And there were no other applicants.

I was not about to do battle as the house was not altogether suitable and that kind of relationship with a landlord is not something I would seek. I did take legal advice and was assured the ll was in the wrong.

landlord2020

dennyk wrote: »

You can't refuse a tenant because they are using HAP (or planning to apply for HAP), but HAP tenancies can still be terminated for rent arrears the same as any other tenant (though you'll need to pay close attention to the current COVID-19-related tenancy legislation to make sure you aren't running afoul of that). In the worst case scenario, just like with any non-paying tenant, you could be stuck with them for a year or more while you go through the arduous process of legally evicting them, though.

I can ascertain that they definitely qualify for HAP first though. It seems to me that a person expecting HAP wouldn't be able to pay the rent if they were subsequently refused HAP. Not sure how often would happen ?

arctictree

Sorry for bringing up an old thread. What happens if a tenant has just stated they are on HAP but the landlord doesn't have the money to upgrade the house or cant get a tax clearance cert?