Finally something that benefits landlords (RE HAP payments)

L

landlord

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Many landlords, who have HAP tenants will have just received an email from HAP regarding the ending of the winter emergency period. However, it’s the two paragraphs underneath that interest me.
Finally correcting a gross injustice against those landlords who have chosen to take on HAP tenants.
The two paragraphs from the HAP email….

“Ongoing and additional mitigation measures have been or will be put in place to ease the impact of the end of the winter emergency period, including to amend the Housing Assistance Payment (HAP) to guarantee payment to landlords where the tenant defaults on payment of differential rent, effective from 1 May 2023.

From 1 May 2023 when a HAP tenant defaults on their differential rent payment to the local authority they will be offered the option of a payment plan to assist them in maintaining their tenancy and allow the HAP payment to the landlord to continue. If the tenant defaults on payment of differential rent under the Landlord Payment Guarantee the HAP payment to the landlord will be guaranteed for a 12 month period or earlier if the tenancy ends subject to confirmation that the tenant is in the property. The HAP payment will be made in-line with HAP procedures within the 12 month period or earlier if the tenancy ends.”

Previously, if a tenant stopped paying their portion of the rent to HAP after a warning, payments would immediately stop to the landlord, which was outrageous as he or she had done nothing wrong!!!
To be honest, this guaranteed payment should not be limited to 12 months……but it’s one step forward.
 
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What a country we have,encouraging default to be paid by taxpayers through HAP including Landlords who are already overtaxed.Landlords are subsidising tenants to stay on their property
 
landlord said:
Many landlords, who have HAP tenants will have just received an email from HAP regarding the ending of the winter emergency period. However, it’s the two paragraphs underneath that interest me.
Finally correcting a gross injustice against those landlords who have chosen to take on HAP tenants.
The two paragraphs from the HAP email….

“Ongoing and additional mitigation measures have been or will be put in place to ease the impact of the end of the winter emergency period, including to amend the Housing Assistance Payment (HAP) to guarantee payment to landlords where the tenant defaults on payment of differential rent, effective from 1 May 2023.

From 1 May 2023 when a HAP tenant defaults on their differential rent payment to the local authority they will be offered the option of a payment plan to assist them in maintaining their tenancy and allow the HAP payment to the landlord to continue. If the tenant defaults on payment of differential rent under the Landlord Payment Guarantee the HAP payment to the landlord will be guaranteed for a 12 month period or earlier if the tenancy ends subject to confirmation that the tenant is in the property. The HAP payment will be made in-line with HAP procedures within the 12 month period or earlier if the tenancy ends.”

Previously, if a tenant stopped paying their portion of the rent to HAP after a warning, payments would immediately stop to the landlord, which was outrageous as he or she had done, nothing wrong!!!
To be honest, this guaranteed payment should not be limited to 12 months……but it’s one step forward.
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Welcome and long overdue. If the State insists that landlords can't (ok, shouldn't) discriminate against HAP tenants AND simultaneously enacts measures that allow tenants to remain in situ during a long dispute resolution process while defaulting on rent, seems only fair that the state shouldn't withdraw its share of the rent while the statutorily mandated process is underway.
 
Instead of referring to 'The State' I would prefer we called it 'Taxpayer'.Landlords are paying themselves(through taxes via HAP)to maintain defaulting tenants in comfort whilst being always available to sort problems for them
 
tom1ie said:
It’s great that LL won’t be out of pocket but surely this just encourages hap tenants not to bother paying?
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Most tenants would be unaware that a landlords HAP rental payment would cease if the tenant stopped paying his/her share of the rent to HAP. They would also I imagine be unaware of this new policy, so I wouldn’t have thought the change in policy would influence their decision regarding paying their rent.
 
landlord said:
Most tenants would be unaware that a landlords HAP rental payment would cease if the tenant stopped paying his/her share of the rent to HAP. They would also I imagine be unaware of this new policy, so I wouldn’t have thought the change in policy would influence their decision regarding paying their rent.
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Yeah but I’m sure that will find its way into mainstream media soon or certain politicians will subtlety advise the HAP tenants that enquire about it.
It’s crazy tbh and in now way do I think LL should be out of pocket either.
 
You would hope the system has built in some safe guard/check and balance to claw money back from any tenant that stops paying their top up portion? That would make some sense but what hope of that to avoid a scenario outlined above where a tenant sees this as another branch on the magic money tree...
 
Luternau said:
You would hope the system has built in some safe guard/check and balance to claw money back from any tenant that stops paying their top up portion? That would make some sense but what hope of that to avoid a scenario outlined above where a tenant sees this as another branch on the magic money tree...
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Can only agree. Unless there some negative outcome for not paying there is no incentive to pay it.

They will repeat the behavior because it's not tracked, not shared between authorities and a not factor in their next tenancy or housing application.
 
landlord said:
Most tenants would be unaware that a landlords HAP rental payment would cease if the tenant stopped paying his/her share of the rent to HAP. They would also I imagine be unaware of this new policy, so I wouldn’t have thought the change in policy would influence their decision regarding paying their rent.
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Yes, though the activists in organisations like Focus Ireland will make it known and will continue to act against landlords in disputes with tenants. Now they can let the tenant know that they can stop paying their contribution for 12 months without any risk of anything bad happening.
 
Would it be the ideal time to give final notice of termenation to a hap tenant ?
I have a hap tenant with wife and 2 kids who is troublesome does not like paying the rent which is well below market rates ,I get the late payment letter from hap every month and the last warning letter of non payment regulary throughout the year.I have issued a termenation notice and then the tenant pays the arrears and the late rent payment process cycle starts again the following month .The tenant aint short of money ,just a hobo and already had words with him that this situation is not sustainable .The previous time I issued notice he said I coud not get him evicted for 2 years and I woud not receive a cent in rent for that time so at least now I would get payment for at least 12 months with the new rules .

Would I be sure I could have him gone by 2 years is my question
 
wheeler dealer said:
Would it be the ideal time to give final notice of termenation to a hap tenant ?
I have a hap tenant with wife and 2 kids who is troublesome does not like paying the rent which is well below market rates ,I get the late payment letter from hap every month and the last warning letter of non payment regulary throughout the year.I have issued a termenation notice and then the tenant pays the arrears and the late rent payment process cycle starts again the following month .The tenant aint short of money ,just a hobo and already had words with him that this situation is not sustainable .The previous time I issued notice he said I coud not get him evicted for 2 years and I woud not receive a cent in rent for that time so at least now I would get payment for at least 12 months with the new rules .

Would I be sure I could have him gone by 2 years is my question
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No guarantees but it's very likely. But can you actually evict if they keep resetting by paying arrears. What is the rule on persistent late payments.
 
My tenant stop paying their share, if the council keeps paying full Hap payments, can I still evict for non payment?
Tenant is there 5 years & has the house like a dump.
 
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