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LL fined for refusing HAPs tenant.

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  • Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,697 Mod ✭✭✭✭L1011


    Old diesel wrote: »
    Whats the equivalent non compliance rate in non HAP rentals?????

    There won't be stats for that, as unlike HAP where the exact numbers of tenancies and stopped payments are available from the council; not every private tenancy is registered and not every non-payment scenario is known to the RTB.

    Appears to be ~600 overholding cases with the RTB in 2018 and about 300k private tenancies (CSO stats) but I'd imagine the overholding figure is quite a lot higher than that - and some of the 600 will be HAP cases anyway, there's no way to filter that further. Also I believe that the RTB are not the most reliable and putting judgements up anyway!


  • Registered Users Posts: 686 ✭✭✭steamsey


    Garibaldi? wrote: »
    A tenant may damage property, overhold, or decide to leave before a tenancy is over, causing a landlord expense and inconvenience No matter what that person's financial situation may be, it is very difficult to get compensation over and above the deposit if a person is unable/reluctant to pay it. The risk in HAP is no greater than any other. It depends on the individual tenant.

    For all the many reasons already outlined here ad nauseum, HAP tenancies are more risky from the landlord's perspective than non-HAP tenancies. Of course you can find great HAP tenants, but as has already been pointed out - why would a landlord bother? There is no benefit to it. Only additional risk over a non-HAP tenancy.

    What I would say is that some of the attitudes on here towards HAP tenants are vile. I've a problem with the scheme, how it's set up, cost to taxpayer, how there is no incentive or additional help from the government to compensate for the additional risks and work. But it's madness to start making sweeping generalizations about HAP tenants. There are some horror stories I directly know of, and some of these are HAP related but the key thing to keep in mind is that for each of those stories, there is a landlord who didn't do their homework and picked bad tenants. They probably would have picked a bad tenant whether HAP or not.

    I feel bad for any genuine people on HAP who are having a hard time finding a place because of negative views on HAP but unfortunately you are in the HAP scheme with a very mixed bunch.

    IMHO I think HAP tenants could approach landlords a bit more positively - fewer problems from the outset and a more pro active, positive approach - and be well informed about the scheme, deposits, inspections etc. What I have seen are people approaching landlords with problems from the get go, limited understanding of the scheme, and it doesn't come across well. I remember asking one lady who had HAP about whether she had a deposit, and she suggested that I go and talk to the council. It's just one little example, but I always remember it - it's not an endearing attitude.


  • Registered Users Posts: 2,790 ✭✭✭2Mad2BeMad


    Ray Palmer wrote: »
    Yes you are

    Unless you can explain how I discriminated somebody you are making further assumptions. You can live your life as you like but no need to assume refusing HAP is instantly wrong not why I was renting the place to HAP. There is no need to assume anything as I stated what happened.

    I disagree with HAP and I'm not even a landlord it screws landlords and tenants (the good tenants)
    I'm saying telling someone that your refusing them because of HAP is wrong.
    You will end up in court.
    Read my post again and it's not an assumption it's a fact read the op.


  • Registered Users Posts: 7,500 ✭✭✭BrokenArrows


    As I think was already said in this thread the council should guaranteed landlords 100% of the rent if the tenant is HAP.

    Tenant pays council their % of the rent.
    Council pays landlord 100% of the rent.

    If the Tenant fails to pay the rent to the council than it should be on the council to chase them and make a decision whether the tenancy should be cancelled or not. If the council wants to cancel the tenancy then they need to pay for the legal cost of eviction. The council should continue to pay the rent until the tenant has been removed.

    Council needs to be 100% responsible for any damage to properties as a result of a HAP tenant.

    These are the conditions that will make it attractive for Landlords to house HAP tenants and are the only things that make sense if you want to pub the social housing responsibilities on the private rental sector.

    Without these conditions HAP tenants will always be discriminated against, and this is perfectly natural because a HAP tenant by definition cannot afford to rent privately.

    If you know they cannot afford to rent privately then they are obviously a higher risk tenant than say a single professional on 50k a year.

    There is also the problem that its almost impossible to reclaim damages from someone who has nothing. If someone with nothing destroys a property and they are on permanent social welfare the best case scenario for a landlord is for their social welfare to be deducted by a tiny amount over a decade or two. Thats not going to help a landlord who has to pay out 5k+ in damages to get the property back into legal rentable condition, nevermind the lose of earnings while getting them evicted and time to repair the property.


  • Closed Accounts Posts: 1,800 ✭✭✭tretorn


    At the moment if the tenant stops paying their portion of the rent the council stops paying their portion too.

    This means the landlord is left with no rent and a tenant sitting in the property for free.

    The Landlord is not going to get free legal aid to get them out so on top of not getting rent the landlord has to fund solicitors who are knowledgeable about tenancy law to get back possession, this could take many months and all the while the landlord is losing money.

    Why would any sane landlord get into that situation if they can help it. Landlords arent housing associations, they are in the business to make as much profit as they can.


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  • Registered Users Posts: 37,295 ✭✭✭✭the_syco


    tretorn wrote: »
    At the moment if the tenant stops paying their portion of the rent the council stops paying their portion too.

    This means the landlord is left with no rent and a tenant sitting in the property for free.
    It's my understanding, that due to data laws, the council can't tell the landlord that they've stopped paying them, or why?


  • Registered Users Posts: 13,980 ✭✭✭✭Cuddlesworth


    If the Tenant fails to pay the rent to the council than it should be on the council to chase them and make a decision whether the tenancy should be cancelled or not. If the council wants to cancel the tenancy then they need to pay for the legal cost of eviction. The council should continue to pay the rent until the tenant has been removed.

    The councils don't want this. They want it to be the private landlords problem, so they have to go down the eviction process. Because they already have huge problems with rent arrears in council housing.

    I see people here that are shocked that landlords hate social welfare tenants, while the system is set up in such a way to foist all the risk onto the private landlord deliberately.


  • Registered Users Posts: 3,623 ✭✭✭Fol20


    The councils don't want this. They want it to be the private landlords problem, so they have to go down the eviction process. Because they already have huge problems with rent arrears in council housing.

    I see people here that are shocked that landlords hate social welfare tenants, while the system is set up in such a way to foist all the risk onto the private landlord deliberately.

    They want free social housing in certain areas apparently


  • Registered Users Posts: 8,355 ✭✭✭Ray Palmer


    2Mad2BeMad wrote: »
    Ray Palmer wrote: »
    Yes you are

    Unless you can explain how I discriminated somebody you are making further assumptions. You can live your life as you like but no need to assume refusing HAP is instantly wrong not why I was renting the place to HAP. There is no need to assume anything as I stated what happened.

    I disagree with HAP and I'm not even a landlord it screws landlords and tenants (the good tenants)
    I'm saying telling someone that your refusing them because of HAP is wrong.
    You will end up in court.
    Read my post again and it's not an assumption it's a fact read the op.
    So to be clear you without any experience of being a landlord is telling me with decades of experience what to do?
    I explained what happened and you still think this is discrimination yet have failed to say how.
    You answered my post and therefore were stating assumption about me. If that concept is too difficult for you to understand it is your issue. I rejected HAP because it was not enough for the rent including the 20% discretionary amount. HAP could not pay the rent I did no refuse it. The person suggested I commit fraud for them to rent the place and you think there is a legal case against me!


  • Registered Users Posts: 353 ✭✭ExoPolitic


    It's a shame, the only way to get property in Ireland is to pay the first few months, then spring the HAP on the LL... Telling a LL you'll be using HAP is a dead certain no no pretty much.


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  • Registered Users Posts: 8,355 ✭✭✭Ray Palmer


    ExoPolitic wrote: »
    It's a shame, the only way to get property in Ireland is to pay the first few months, then spring the HAP on the LL... Telling a LL you'll be using HAP is a dead certain no no pretty much.
    It is a complete fabrication to say that. Lots of people rent without any state assistance and people buy their own property. What is a true shame is how people make up scenarios that are patently untrue.


  • Posts: 0 [Deleted User]


    Rubbish. If anything its the exact opposite, tenants who have somehow managed to be able to get a rental on HAP despite the obvious rampant discrimination against them are going to do everything they can to hold onto it, knowing that they are unlikely to get another one.
    They're likely to be the best tenants, especially if they have children.


    Unfortunately, this is not the experience of many, many landlords.
    ExoPolitic wrote: »
    It's a shame, the only way to get property in Ireland is to pay the first few months, then spring the HAP on the LL... Telling a LL you'll be using HAP is a dead certain no no pretty much.



    And yet, there are over 100,000 tenants living in HAP accommodation, if we take the average household number to be 3 people (I'd wager it's a lot higher, but that's a different argument).


    https://www.thejournal.ie/housing-hap-4112275-Jul2018/


  • Registered Users Posts: 353 ✭✭ExoPolitic


    Ray Palmer wrote: »
    It is a complete fabrication to say that. Lots of people rent without any state assistance and people buy their own property. What is a true shame is how people make up scenarios that are patently untrue.

    Funny how you already seem to know my sources and have diligently assessed them as made up...


  • Registered Users Posts: 53 ✭✭trishabon


    NuMarvel wrote: »
    Renting out property is a business and if every other business is expected to follow anti-discrimination laws, then so too are landlords. If you don't like the laws, you are free to campaign to have them changed.
    There are plenty of people out there who are decent and pay and take good care of their homes, even if they are renting. Some of them have fallen on hard times. There are also pigs with excellent references and plenty of money but no self respect. There are also the HAP fraudsters who sublet the apartment at a tidy profit.... The problem is that society no longer values personal interaction and decisions are made by who has the most impressive paperwork.


  • Registered Users Posts: 8,355 ✭✭✭Ray Palmer


    ExoPolitic wrote: »
    Ray Palmer wrote: »
    It is a complete fabrication to say that. Lots of people rent without any state assistance and people buy their own property. What is a true shame is how people make up scenarios that are patently untrue.

    Funny how you already seem to know my sources and have diligently assessed them as made up...
    You claim the ONLY way to get property is via HAP. You have no way of having sources that can prove that because you are saying nobody buys or rents privately. So your statement can only be false no matter what "sources" you have. It is a completely laughable claim and made up.


  • Registered Users Posts: 3,623 ✭✭✭Fol20


    I would be interested to see what the stats are for people than rent via HAP or privately. Would HAP be 20-30pc of market or less?


  • Closed Accounts Posts: 643 ✭✭✭duskyjoe


    Is anyone listening to the dire experiences a lot of decent well meaning non profit gouging landlords have had with HAP tenants. My dealings with the dept of soc protection is they are snowed over and once they get a tenant in is another “roof over a head” off the list and they move onto the next .... that minister for housing is pure useless and that’s where the buck stops imo. The whole experience for me and i’m in the renting game over 40years has left me very very bitter and am now walking away from the business. Anyone buying from me now is either funded by the bank of mum and da or a property fund- leaving less units for to rent and for good reason. The current situation is leaving an exodus of landlords from the rental market.


  • Registered Users Posts: 5,786 ✭✭✭Old diesel


    duskyjoe wrote: »
    Is anyone listening to the dire experiences a lot of decent well meaning non profit gouging landlords have had with HAP tenants. My dealings with the dept of soc protection is they are snowed over and once they get a tenant in is another “roof over a head” off the list and they move onto the next .... that minister for housing is pure useless and that’s where the buck stops imo. The whole experience for me and i’m in the renting game over 40years has left me very very bitter and am now walking away from the business. Anyone buying from me now is either funded by the bank of mum and da or a property fund- leaving less units for to rent and for good reason. The current situation is leaving an exodus of landlords from the rental market.

    If it's a property fund the property would likely go back on rental market no?????.


  • Closed Accounts Posts: 643 ✭✭✭duskyjoe


    Old diesel wrote: »
    If it's a property fund the property would likely go back on rental market no?????.

    your spot on but they have ways (imo) of pricing the HAP market out of it and avoid what we are reading here on the forum.
    Back to my old mantra the Minister is dire and is in Leo’s pocket. There needs to be a new sheriff in town to address and sort this sorry mess out


  • Registered Users Posts: 105 ✭✭FelaniaMump


    duskyjoe wrote: »
    Is anyone listening to the dire experiences a lot of decent well meaning non profit gouging landlords have had with HAP tenants. My dealings with the dept of soc protection is they are snowed over and once they get a tenant in is another “roof over a head” off the list and they move onto the next .... that minister for housing is pure useless and that’s where the buck stops imo. The whole experience for me and i’m in the renting game over 40years has left me very very bitter and am now walking away from the business. Anyone buying from me now is either funded by the bank of mum and da or a property fund- leaving less units for to rent and for good reason. The current situation is leaving an exodus of landlords from the rental market.


    No we're not listening, because you are not saying true things. The dept of social protection has nothing to do with HAP, so if you are going to make up lies about HAP tenants, at least work out who it is you would have been dealing with, had you actually done so. Which you obviously did not.

    Try harder


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  • Registered Users Posts: 105 ✭✭FelaniaMump


    For all of you people posting that you think that HAP is terrible and you should be allowed to discriminate against all HAP tenants, I have one question....
    What do you think all the people who work hard in low paid jobs should do for housing in times when regular family homes can cost 2000 euro a month? Where should they go?
    The nurses who look after you in hospital, they can be on HAP. The people who make and serve your food in restaurants. The people who dig your roads and mind your children and work to provide for their families but are priced out of rentals by insane prices demanded by landlords. Even the clerical officers administering the HAP scheme are on HAP!!!

    Where do you want them all to live since you think them unworthy of being allowed to rent homes (which you don't even want to be of low minimum standards)?


  • Closed Accounts Posts: 643 ✭✭✭duskyjoe


    No we're not listening, because you are not saying true things. The dept of social protection has nothing to do with HAP, so if you are going to make up lies about HAP tenants, at least work out who it is you would have been dealing with, had you actually done so. Which you obviously did not.

    Try harder
    you obviously one of those souls that believes the word entitled means freebies and expecting g society owes you a favor


  • Registered Users Posts: 3,623 ✭✭✭Fol20


    For all of you people posting that you think that HAP is terrible and you should be allowed to discriminate against all HAP tenants, I have one question....
    What do you think all the people who work hard in low paid jobs should do for housing in times when regular family homes can cost 2000 euro a month? Where should they go?
    The nurses who look after you in hospital, they can be on HAP. The people who make and serve your food in restaurants. The people who dig your roads and mind your children and work to provide for their families but are priced out of rentals by insane prices demanded by landlords. Even the clerical officers administering the HAP scheme are on HAP!!!

    Where do you want them all to live since you think them unworthy of being allowed to rent homes (which you don't even want to be of low minimum standards)?

    No one is saying your not unworthy to rent homes, you rent where you can afford. Its as simple as that. If you cant afford the rent you either move further out or to a different location. Thats what private renters do and it should be same for everyone.

    If anything the standards and requirements are too high. Why do we need a 4 hob or microwave for example. What people are saying is HAP standards are not consistent and vary compared to min standard.


  • Registered Users Posts: 105 ✭✭FelaniaMump


    duskyjoe wrote: »
    you obviously one of those souls that believes the word entitled means freebies and expecting g society owes you a favor


    Nope I'm just one who knows that HAP has nothing to do with the DSP and you are clearly lying.
    Nice try though


  • Registered Users Posts: 105 ✭✭FelaniaMump


    Fol20 wrote: »
    No one is saying your not unworthy to rent homes, you rent where you can afford. Its as simple as that. If you cant afford the rent you either move further out or to a different location.

    If anything the standards and requirements are too high. Why do we need a 4 hob or microwave for example. What people are saying is HAP standards are not consistent are vary compared to min standard.

    Further out is still expensive, and then you can't get to work and so you have no job and can't rent anywhere at all. Good plan man, good plan.

    Why do we need cooking facilities in homes for families? Is that a joke? Sure give them a pan over a bonfire, good enough for them, right?


  • Registered Users Posts: 3,623 ✭✭✭Fol20


    Further out is still expensive, and then you can't get to work and so you have no job and can't rent anywhere at all. Good plan man, good plan.

    Why do we need cooking facilities in homes for families? Is that a joke? Sure give them a pan over a bonfire, good enough for them, right?

    What do you think private renters do?
    What do you think private purchasers do when they are house hunting?

    You seem to want other people to pay for you instead of owning up to your situation and managing it yourself.

    Take a look at the european model, 2 hob is min standard which should be the same here. A microwave is optional imo and people got by in the past without one. You can still cook using the hob so dont see this as a necessity.


  • Registered Users Posts: 105 ✭✭FelaniaMump


    Fol20 wrote: »
    What do you think private renters do?
    What do you think private purchasers do when they are house hunting?

    You seem to want other people to pay for you instead of owning up to your situation and managing it yourself.

    Take a look at the european model, 2 hob is min standard which should be the same here. A microwave is optional imo and people got by in the past without one. You can still cook using the hob so dont see this as a necessity.


    What are you even talking about? Private renters aren't discriminated against, thats the point. They aren't told they aren't allowed to rent homes.

    I want other people to pay for me? In what respect? I'm a homeowner, and LL. You seem to think only people on HAP care about people on HAP.

    Your desire to see all HAP renters driven out to the midlands cooking on a baby beling from the 70's is, luckily for all of us, shamefully outdated and fortunately against the law.
    So move on and grow up.


  • Registered Users Posts: 3,623 ✭✭✭Fol20


    What are you even talking about? Private renters aren't discriminated against, thats the point. They aren't told they aren't allowed to rent homes.

    I want other people to pay for me? In what respect? I'm a homeowner, and LL. You seem to think only people on HAP care about people on HAP.

    Your desire to see all HAP renters driven out to the midlands cooking on a baby beling from the 70's is, luckily for all of us, shamefully outdated and fortunately against the law.
    So move on and grow up.

    Your words here are vey emotionally charged by the way your talking to me. its just a debate back and fourth :)

    I think the point is that LL will pick the best candidate for their property. If other candidates that earn more money and can afford the property without the headaches that come from admin work and complications with payment, they pick them. Its that simple, you say your a ll so your afforded the choice to pick the tenant you think is most suitable for YOU - HAP or Private. Why cant other ll pick the best candidate in their eyes.

    Im not driving anyone anywhere, i have some friends that rented privately in dublin and due to rental costs and purchase costs they moved to Galway and Cork in search for a better life. Its not just HAP that are being "being pushed to the midlands"

    They are not quite baby bellings, its just a standard 2 ring HOB, dont know why its so bad as i have used them when i was overseas and found to do the job just like a 4 ring hob. How many hobs do you need turned on at the same time?


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Mod Note

    FelaniaMump, drop the aggressive tone of posting.


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  • Registered Users Posts: 1,238 ✭✭✭The Student


    What are you even talking about? Private renters aren't discriminated against, thats the point. They aren't told they aren't allowed to rent homes.

    I want other people to pay for me? In what respect? I'm a homeowner, and LL. You seem to think only people on HAP care about people on HAP.

    Your desire to see all HAP renters driven out to the midlands cooking on a baby beling from the 70's is, luckily for all of us, shamefully outdated and fortunately against the law.
    So move on and grow up.

    Private renters are in fact discriminated against as the HAP scheme has put a floor on rent prices and if you are above the limits to be entitled to HAP but below earning enough to compete for properties to rent in the private sector you are affected by the HAP scheme.

    There is nothing wrong with moving out of Dublin to the commuter towns or even the midlands. That's exactly how cities and towns grow. I remember growing up in the 70's on the outskirts of Dublin when we had one bus an hour and no local shops or schools.

    Whether you accept it or not the HAP system is skewed in favour of tenants who can avail of it. Landlords may not have issues with the tenants on a personal level but it is the HAP system that is the main issue.

    We have a bizarre notion that everybody should be housed where they want and anybody who questions that is wrong.

    The housing situation is not going to improve if the Govt continues to bring out schemes like the HAP. Rather than fix the HAP scheme the Govt decided to legislate that it you could not say no to the HAP. Why not make it attractive to landlords and the Govt would have landlords competing for HAP tenants.


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