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Can HAP be supplemented with cash?

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  • 06-12-2019 12:33am
    #1
    Scienceless
    Registered Users Posts: 196 ✭✭


    Landlord is giving long term tenants notice to quit in the new year. Below market rent, limited to 4% increase p/a, etc etc.

    The tenants, on HAP, have offered to pay a cash amount to the landlord monthly in order to stay in the house, in addition to the HAP.

    Can the landlord legally accept this offer?
    Will it affect the tenants entitlement to HAP?

    Landlord is by the book, fully compliant with all his obligations, tax and otherwise, and wants to stay that way.

    TIA.


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    #2
    Rodin
    Registered Users Posts: 3,130 ✭✭✭Rodin


    Scienceless wrote: »
    Landlord is giving long term tenants notice to quit in the new year. Below market rent, limited to 4% increase p/a, etc etc.

    The tenants, on HAP, have offered to pay a cash amount to the landlord monthly in order to stay in the house, in addition to the HAP.

    Can the landlord legally accept this offer?
    Will it affect the tenants entitlement to HAP?

    Landlord is by the book, fully compliant with all his obligations, tax and otherwise, and wants to stay that way.

    TIA.

    I'd want to know the source of the cash


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    #3
    meijin
    Registered Users Posts: 1,252 ✭✭✭meijin


    Scienceless wrote: »
    Landlord is giving long term tenants notice to quit in the new year. Below market rent, limited to 4% increase p/a, etc etc.

    notice to quit on what basis?


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    #4
    pwurple
    Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    meijin wrote: »
    notice to quit on what basis?

    Sounds like landlord leaving the market.


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    #5
    Millionaire only not
    Banned (with Prison Access) Posts: 1,625 ✭✭✭Millionaire only not


    pwurple wrote: »
    Sounds like landlord leaving the market.

    Would u blame him !
    a mugs game especially if ur not in Dublin rental game !


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    #6
    Dav010
    Registered Users Posts: 14,068 ✭✭✭✭Dav010


    meijin wrote: »
    notice to quit on what basis?

    Possible end of part 4 cycle?


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    #7
    pyramuid man
    Registered Users Posts: 1,196 ✭✭✭pyramuid man


    Doesnt the tenant already pay the council a contribution towards their HAP payment being made to the landlord?


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    #8
    Salary Negotiator
    Closed Accounts Posts: 1,148 ✭✭✭Salary Negotiator


    I'm not the landlord but I helped a relative source and vet a tenant for a property about 2 years ago and we were told by the LA that the tenant can supplement the HAP payment.


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    #9
    BrokenArrows
    Registered Users Posts: 7,500 ✭✭✭BrokenArrows


    If the cash would cause the rent to increase by more than 4% then it's illegal


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    #10
    murphaph
    Registered Users Posts: 19,018 ✭✭✭✭murphaph


    The answer is yes, the tenant can within the rules supplement the HAP payment themselves if the housing authority refuses to up their payment to the level of the new (I assume within legal limits) rent.


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    #11
    dennyk
    Registered Users Posts: 1,650 ✭✭✭dennyk


    It's fine for tenants to pay the balance of the rent to the landlord themselves if their HAP payment doesn't cover the full rent amount, and doing so doesn't jeopardise their HAP eligibility. It is not legal for the landlord to demand additional payments from the tenant in excess of the agreed rent, however; if they want to increase the rent, they'd need to do so following the rules set out in the RTA for rent reviews (notice periods, frequency, RPZ restrictions on the maximum increase, etc.).

    The tenant would not be breaking any laws by offering payment above the legal rent amount to the landlord, but the landlord would be on extremely shaky ground in accepting any such payment, as the RTB would almost certainly consider that to be a de facto illegal rent increase. The landlord could be subject to penalties and be required to pay back the excess rent should a complaint ever be lodged in the future, so accepting such a payment would be very unwise on the landlord's part.


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    #12
    DubCount
    Registered Users Posts: 1,067 ✭✭✭DubCount


    From the initial post, the property is in a RPZ. HAP or not, the LL cannot accept a cash supplement to exceed the RPZ rules - even if both the LL and tenants agree - the RPZ legislation overrides any contract between the parties. Welcome to the joy of over-regulation.


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    #13
    Scienceless
    Registered Users Posts: 196 ✭✭Scienceless


    dennyk wrote: »
    The tenant would not be breaking any laws by offering payment above the legal rent amount to the landlord, but the landlord would be on extremely shaky ground in accepting any such payment, as the RTB would almost certainly consider that to be a de facto illegal rent increase. The landlord could be subject to penalties and be required to pay back the excess rent should a complaint ever be lodged in the future, so accepting such a payment would be very unwise on the landlord's part.

    Have to agree with this completely. Landlord has declined the tenants offer.
    Thanks for the replies.


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