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16-07-2019, 08:06   #16
Baby01032012
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Just thought I’d piggy off back of this thread.

Received a call yesterday that hap had completed inspection on house I have. I wasn’t aware this was happening which I don’t have to be.

However it is one room rented to a HAP tenant there are six other tenants who are private tenants. The HAP inspector informed me they accessed some of the other bedrooms but not all. And that they will need access to all.

I was horrified by this. To turn up with no warning to other private tenants and expect to access their rooms. Is this legal?

Surely as they are not hap tenants they have no relationship to hap or it’s inspector.
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16-07-2019, 12:24   #17
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Hello,

Original requester, ensure that you request your boiler person issues an annex E safety certificate. If you look at the wording on the letter under reg 12 you will see that it's requested specifically. Most boiler service guys don't do that without specific request.

Most forms of window restrictor as acceptable. Any windows can be retrofit. In terms if vents they can be installed in the wall or the window as long as they are directly to the outside world.

To the poster above. All rented houses or rooms in a rented house paying rent are subject to inspection, not just HAP. It is normally a case where in a house share access to the rest of the house is requested to ensure the standards are the same throughout, although it is more polite to arrange this with the landlord or tenants in advance. In bedrooms they would mostly just be looking for vents, radiators and window restrictors.

Can expect the same if a HAP property is a flat in a pre 63 building all other flats will usually be inspected Too!
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16-07-2019, 12:33   #18
1874
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Originally Posted by Baby01032012 View Post
Just thought I’d piggy off back of this thread.

Received a call yesterday that hap had completed inspection on house I have. I wasn’t aware this was happening which I don’t have to be.

However it is one room rented to a HAP tenant there are six other tenants who are private tenants. The HAP inspector informed me they accessed some of the other bedrooms but not all. And that they will need access to all.

I was horrified by this. To turn up with no warning to other private tenants and expect to access their rooms. Is this legal?

Surely as they are not hap tenants they have no relationship to hap or it’s inspector.



Out of curiosity, are you saying you fully let out a property but the people share the costs and one person in one room is on HAP and the others a private rental agreement?? or do you let out the rooms seperately in the same house or seperate room/habitation in the same building, ie like a converted older building with seperate apartments/flats??

I believe the HAP conditions are more onerous than even for part 4, and in my opinion,not backed by legislation as they exceed part 4.
I dont see how they can insist on accessing other tenants rented accomodation who are not applying for HAP, but they sound like they could be difficult.
I didnt know on person could get HAP in a shared tenancy, ie if they are all on the same lease?
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16-07-2019, 12:55   #19
KneonK
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Out of curiosity, are you saying you fully let out a property but the people share the costs and one person in one room is on HAP and the others a private rental agreement?? or do you let out the rooms seperately in the same house or seperate room/habitation in the same building, ie like a converted older building with seperate apartments/flats??

I believe the HAP conditions are more onerous than even for part 4, and in my opinion,not backed by legislation as they exceed part 4.
I dont see how they can insist on accessing other tenants rented accomodation who are not applying for HAP, but they sound like they could be difficult.
I didnt know on person could get HAP in a shared tenancy, ie if they are all on the same lease?
Its Standard practice for the inspector to access the entire property at some stage, either initial inspection or on the reinspection! Or just out of the blue if they wanted even with no HAP tenants there. The inspector can inspect any and all rented accommodation and, to ensure consistency across a property will usually try to do the whole thing.

They aren't HAP inspectors, as they don't work for HAP. HAP inspections just suppliment their workload.
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16-07-2019, 13:27   #20
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Thanks for the replies. That’s interesting. I assumed they were hap related and their powers came from the hap relationship. I thought under Gdpr they would have no right to request other tenants to give them access. Rooms are let separately, separately rental agreements. If I as landlord wanted to inspect the rooms I’d have to given written notice or else I’d be in breach of the tenancy agreement. Where as these with no relationship to the tenants other than the hap tenant turn up unannounced to the other tenants and demand to inspect.
I understand what people are saying that it is not directly related to hap. However if the hap tenant was not there they would not inspect. As I had a case before where inspector rang to arrange inspection however when I advised that particular person was no longer living there they told me they didn’t need to inspect.

I’d love to know the law and where their powers come from and in particular where standards as suggested are above the minimum standards in rented accommodation laws.
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16-07-2019, 13:49   #21
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Thanks for the replies. That’s interesting. I assumed they were hap related and their powers came from the hap relationship. I thought under Gdpr they would have no right to request other tenants to give them access. Rooms are let separately, separately rental agreements. If I as landlord wanted to inspect the rooms I’d have to given written notice or else I’d be in breach of the tenancy agreement. Where as these with no relationship to the tenants other than the hap tenant turn up unannounced to the other tenants and demand to inspect.
I understand what people are saying that it is not directly related to hap. However if the hap tenant was not there they would not inspect. As I had a case before where inspector rang to arrange inspection however when I advised that particular person was no longer living there they told me they didn’t need to inspect.

I’d love to know the law and where their powers come from and in particular where standards as suggested are above the minimum standards in rented accommodation laws.
Hi,

You can Google this but inspectors are authorised under the Housing (Miscellaneous provisions) act 1992 section 17 to check rent books and section 18 for standards and to enter at all reasonable times any house to which the regulations apply. Thats the powers of entry in black and white. They will always have a copy of this authorisation with them.
The regulations assessed during the inspection will be the Housing (standards for rented houses) regulations 2019. GDPR rules don't really apply in these instances as they are working in an enforcement role. Don't have the damn wording at this second but that's the gist.

As for the case where the house wasn't inspected when the HAP tenant moved? Well hap is prioritised due to the need to inspect within 8 months of it being implimented so maybe the workload was too high to inspect a non HAP property. This is actually 100% what happened most likely.

As for requesting above standards? I can't help with that the rented house standards regulations are like 7 pages long and fairly black and white!
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16-07-2019, 14:22   #22
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Its Standard practice for the inspector to access the entire property at some stage, either initial inspection or on the reinspection! Or just out of the blue if they wanted even with no HAP tenants there. The inspector can inspect any and all rented accommodation and, to ensure consistency across a property will usually try to do the whole thing.

They aren't HAP inspectors, as they don't work for HAP. HAP inspections just suppliment their workload.
+1. All rental properties in Ireland can be inspected, there seems to be a misconception that only HAP tenancies are subject to this.

There are plans by 2021 that 25% of all private rentals in Ireland will be inspected every year, so landlords can expect to get a visit roughly every four years. Whether it happens is to be seen. At the moment the resources aren’t there and HAP appears to take priority.
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