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Advice needed...HAP

  • 17-04-2020 11:18pm
    #1
    Tooconfused
    Registered Users Posts: 8 ✭


    Heya. So iv been on council list 3years now, me my partner and our child, we all live in my mothers home and have found a home we love, we have already been told to claim hap and was sent the forms for ourselves an landlord to sign, landlord has agreed to accept hap all the rest,but, what do i pay going in there. Like the council pay in arrears right? So do i still pay the deposit and the whole lot of the month upfront (1900 in total) or do i pay the deposit and the rest of rent after hap amount, so (950depos + 370 top up) I'm confused or will i pay all of it together and would I get that back if council pay in arrears. Also reading some things on here is making me sweat, some people saying that if the hap isn't sorted in time I have to cover the full rent is that true? With council paying in arrears I really don't get it. Any help would be great thanks


Comments

  • #2
    10pennymixup
    Registered Users Posts: 516 ✭✭✭10pennymixup


    LL's tend to see the contract of a tenancy as that of one solely between the tenant and themselves. That it is the tenant that is liable for rent and any other payments, not the local authority.

    A LL accepting HAP usually means the LL is accepting that a payment will come from a third party on behalf of the tenant and the LL is prepared to maintain HAP standards, fill out forms, present certs of insurance, tax clearance to the third party etc.

    The confusion tends to arise because the LA pay in arrears. A LL (rightly so) does not usually accept payment in arrears and usually takes the first payment from the LA as a payment towards the second months rent in advance.

    This can be seen as an over payment of rent, but from the POV of the LL this over payment does not occur until the end of the tenancy, when it should legitimately be returned to then tenant, as they covered the initial rent.

    Most LL's will not hand over a key unless they get rent in advance and a security deposit. The LA may pay the security deposit in some cases, but as I said before if they don't pay it in advance, it's the tenants responsibility to come up with it. If they do pay it later, it should be given to the tenant as a LL can't receive it twice.

    If there is a delay in the LA making payments at the start or stopping payments throughout the tenancy, it is the responsibility of the tenant to always cover the rent.

    But talk to the LL, they may be prepared to do it differently, a few do.


  • #3
    Tooconfused
    Registered Users Posts: 8 ✭Tooconfused


    10pennymixup wrote: »
    LL's tend to see the contract of a tenancy as that of one solely between the tenant and themselves. That it is the tenant that is liable for rent and any other payments, not the local authority.

    A LL accepting HAP usually means the LL is accepting that a payment will come from a third party on behalf of the tenant and the LL is prepared to maintain HAP standards, fill out forms, present certs of insurance, tax clearance to the third party etc.

    The confusion tends to arise because the LA pay in arrears. A LL (rightly so) does not usually accept payment in arrears and usually takes the first payment from the LA as a payment towards the second months rent in advance.

    This can be seen as an over payment of rent, but from the POV of the LL this over payment does not occur until the end of the tenancy, when it should legitimately be returned to then tenant, as they covered the initial rent.

    Most LL's will not hand over a key unless they get rent in advance and a security deposit. The LA may pay the security deposit in some cases, but as I said before if they don't pay it in advance, it's the tenants responsibility to come up with it. If they do pay it later, it should be given to the tenant as a LL can't receive it twice.

    If there is a delay in the LA making payments at the start or stopping payments throughout the tenancy, it is the responsibility of the tenant to always cover the rent.

    But talk to the LL, they may be prepared to do it differently, a few do.

    Thanks so much for the reply. And I totally get it. I'm more then happy now to pay the deposit and month in advance. It's been annoying me thinking about it as i didn't want the new LL to feel I was misleading her nor did I want to feel like I was giving away alot of money and not seeing anything back if that makes sense. Now would you happen to know how long applications take then? Like if I paid both upfront, do you think the landlord will wait to be paid by LA without me having to try pay full month rent (i just wouldnt have it)and just paying the shortfall of it. Like the (370) at end of month while she waits


  • #4
    Tooconfused
    Registered Users Posts: 8 ✭Tooconfused


    Tooconfused wrote: »
    Thanks so much for the reply. And I totally get it. I'm more then happy now to pay the deposit and month in advance. It's been annoying me thinking about it as i didn't want the new LL to feel I was misleading her nor did I want to feel like I was giving away alot of money and not seeing anything back if that makes sense. Now would you happen to know how long applications take then? Like if I paid both upfront, do you think the landlord will wait to be paid by LA without me having to try pay full month rent (i just wouldnt have it)and just paying the shortfall of it. Like the (370) at end of month while she waits

    Also I keeping seeing things about moving in on the 1st of the month? Does it really matter what date it is. I'm due to look at it next Saturday and just want to be prepared for everything as i have a baby . So don't need extra money bills coming my way


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