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Hap conundrum for house guest

  • 22-07-2025 05:03PM
    #1
    FAILSAFE 00
    Registered Users, Registered Users 2 Posts: 5,449 ✭✭✭


    I have a house guest that rents a room from me. His financial situation has changed and he is seeking hap for (shared accommodation)

    I contacted the RTB to request clarification that this will still will be a landlord/licensee relationship and not a landlord/tenant relationship that requires registration.

    According to the RTB website and agent the tenancy does not need to be registered however because hap is being claimed that overrides this and the tenancy has to be registered and the tenant will gain full part 4 tenancy rights within 6 months.

    This is quite bizarre. To put this into a scenario (give me leeway) If I defaulted on my mortgage and the bank take my home. They can seek possession from me but they wouldn't be able to evict the tenant but they'd be able to evict me.

    I'd be delighted to help my tenant but not at the cost of gaining so many rights in my family home.

    Has anyone come across this before.



Comments

  • #2
    kabakuyu
    Registered Users, Registered Users 2 Posts: 2,137 ✭✭✭kabakuyu


    If it were me,I would be asking house guest to move.



  • #3
    FAILSAFE 00
    Registered Users, Registered Users 2 Posts: 5,449 ✭✭✭FAILSAFE 00


    https://www.boards.ie/discussion/comment/123660232#Comment_123660232

    I have lived with him for years and want to help him but this has really put us both in a bad position.

    Post edited by FAILSAFE 00 on


  • #4
    gipi
    Registered Users, Registered Users 2 Posts: 3,423 ✭✭✭gipi


    You will also have to meet minimum accommodation standards and get a tax clearance cert

    https://www.citizensinformation.ie/en/housing/owning-a-home/home-owners/renting-out-a-room-in-your-home/#29ad9f



  • #5
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,849 ✭✭✭✭Marcusm


    section 3(2)(g) Residential Tenancies Act 2004 has never been amended such that its provisions do not apply to a dwelling withing which the landlord also resides. Neither the minimum standards nor the notice periods apply. The other occupier has such rights as apply under the agreement under which you have him in the house, not the provisions of the RTA.

    The local authority can decline to provide him with housing support or specify requirements to be met but these are not binding on you and you can decline to accept HAP at your option.



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