RAS - Rental Accommodation Scheme - Ending Tenancy
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08-03-2024 12:28pm#1
Hiya I'm trying to find out information for someone about how ending a RAS tenancy works, and what happens when a RAS tenancy comes to the end of the lease term, not having much luck googling!
Sorry it's long, but it might be helpful to give particulars:
The tenancy was for 2 years and that 2 years is coming up later this year, the tenant is really unhappy in the place and wants to move, willing to look for accommodation themselves and do the legwork, but can't find any information online.
Not really the best at dealing with the Housing department as they've not been very helpful in the past, so he wants to find out as much information as he can and look it over in his own time. He's had issues in the past with getting really inaccurate/conflicting information and that's caused him a load of stress and issues
Tenant was in emergency accommodation before this, (no fault eviction) and got offered the RAS scheme then
Prior to leaving his last house he had been told he could apply for RAS, found a couple of willing landlords/properties, went back to the council, was told he wasn't eligible for RAS, back to square one
Ended up in a hostel, a few weeks later offered RAS accommodation by the council
No issues with the landlord, landlord is happy with him, he keeps the house very well - but the house/location is fairly unsuitable and he's really looking for somewhere more suited to his needs
Can't find any info online about what happens when a lease is coming up to the end of the term.
Is there a renewal/review process between the CC and the LL does anyone know?
No contact from the CC to the tenant but they've just received a rent review form to fill in this week, hence his worry starting to amp up a bit - related to the rent he pays
He's not in the best of health, especially mentally, has asked citizens information and they didn't know about how the ending or renewal of a tenancy works, or what his options are in terms of requesting a transfer to another property/switching to another scheme
I think to be honest, he'd almost rather be in emergency accommodation with the hope of getting somewhere better, and that's saying a LOT as he didn't have a very good experience in the emergency accommodation, which is worrying. Wants to avoid it obviously but that's the feeling I get
He's stressing that he's really grateful for the help he's received, but at the same time, he felt he had no choice in the accommodation offered to him, and that if he had been informed honestly at the start, he would have been able to source a tenancy under RAS that was much more suited to him, but the misinformation and 180 degree turn from the Council meant his hand was forced.
Any information/legislation/particulars around RAS anyone could provide would be really appreciated - thanks a mill
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Comments
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I find it strange that your pal had to source the rented accommodation himself. Are you sure this is a RAS tenancy and not a HAP one?
If a RAS tenancy, did you pal begin the tenancy after 10th June 2022? If so, then he is entitled to a tenancy of unlimited duration and can stay renting indefinitely unless the landlord serves a valid notice of termination as required by the Residential Tenancies Act.
If your pal has been in the property since before 10th June 2022, then he is still entitled to remain there for 6 years… again unless the landlord serves a valid notice of termination as required by the Residential Tenancies Act.
In either event, and if the tenancy is ending because of no fault of your pal, it is a requirement of the RAS scheme that the local authority finds your pal a new home, this might even mean that he will get a local authority owned dwelling (in other words a “forever home”). Being in a RAS tenancy that comes to an end through no fault of the renter (your pal) can be hugely beneficial as he might get his own home out of it.
He should contact his local authority and start a conversation about all of this with them. If he’s getting nowhere with them then he should deffo contact local politicians and ask them to find out on his behalf. All TDs have constituency offices that employ people to do this work. Given that we’re coming into an election cycle they will be very happy to ask the right questions of the right people to try and help your pal.
Finally, I’ve already said it, but it could be a hugely positive thing for your pal if the landlord ends the tenancy through no fault of your pal as the responsibility to rehouse rests with the local authority and could lead to a new forever home.
I wish your pal the best.
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Hiya, thanks so much for replying
He's not being evicted from this tenancy though, he wants to find another place. No word about a new lease term from landlord or council, nor has one been entered into, but the lease is running out soon.
If the landlord was ending the tenancy it's good to know the council would help him find accommodation thanks for letting me know
Background on finding tenancies:
He was at one stage told he could find a house/willing landlord, and the council would offer the landlord the RAS scheme. He did that and went back to the council, was then told he wasn't eligible for RAS
The story changed again when he ended up in emergency accommodation - that's when he was offered the RAS tenancy he's in now by the council - (he wasn't on HAP, rent allowance or supplementary welfare allowance prior to this either, which is what the eligibility requirements state)
This all means he's just maddened trying to figure out any accurate info from the council, as he's gotten such conflicting answers from them depending on the staff member/day
Sad to think the politicians would be a better bet to find out information than the housing dept themselves, but i suppose that's what it's looking like
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If your pal ends up having to leave the accommodation because the landlord decides not to renew the lease, then it’s not that the LA *will help* your pal find accommodation, they are *responsible* for finding him new accommodation. I can’t stress this enough, they HAVE to get your pal new accommodation so the landlord nor renewing might be a huge advantage to your pal.
Again, will you check its deffo RAS your pal is in? A 2 year RAS contract is very very short so just make sure.
RAS can be used to exit people from emergency accommodation so that could be an explainer as to why your pal was not eligible for RAS until he was in emergency accommodation.
Your pal could start a conversation with the LA along the lines of “my RAS tenancy is coming to an end, what are my options?” If he’s getting nowhere do not hesitate to go to politicians especially local Councillors who are answerable regarding these local issues. They WILL help, the fact there’s an election coming up will help your pal big time.
LAs throughout the country are struggling to get and retain staff. There is a bit of an information deficit regarding RAS at the moment but apparently a review of RAS is due.
Feel free to post more queries or if your pal has any questions I should be able to answer them.
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Thanks again @bobbysands81
If the landlord was ending the tenancy that would be a comfort to him to know he'd have the CC 's help in getting accommodation, thanks
As it stands he was told there are no 'options' available to him when he spoke to someone in the council. They said (couple weeks ago) he has to stay in the tenancy. That's when he was saying he's not going to be able to speak to anyone who'll be helpful in there
I know the staffing issue seems to be a big thing, it's also I think a lack of social worker staff in my opinion, he'd have complex needs and history, but might not appear that way at first glance, and I know he was saying they told him he'd have the help of a social worker to sort out any issues, but they haven't hired one yet. Not sure has that changed, he didn't get an answer last week when he asked
Plus RAS is really hard to find info out on. Everything online says it was being phased out, and the eligibility requirements weren't relevant at all to his scenario, but then as you said, it seems to be used as an emergency accommodation solution for some, which I haven't seen anything online about
It's 100% a RAS tenancy, I've had a look at the lease, all that it says about the lease ending is more directed at the council and the landlord. It mentions the tenant has the same protections as all tenants after 6 months, so I would take that to mean he would need to give 42 days notice, based on the term. It doesn't say anything about 'repercussions' for tenants who want to end a tenancy
The landlord I'm 99% sure, won't want the tenancy to end. He doesn't hear from the tenant and that's the way he likes things to be!
Appreciate any help at all, thanks so much, I'll definitely need to push him to get emailing councillors or politicians, as much as he'd really rather not.
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