HAP inspected property without landlord notification - is it illegal?

drunat

Registered User
Messages
51
Hi. I just found out from my tenant by pure chance that my property was inspected by HAP 3 months ago. They did very thorough inspection apparently looking up in the attick, all cupboards etc. Tenant was told that upstairs window locks need to be put in but they never received any official report and neither did i. I wasn't even aware that the inspection took place. I feel this was an intrusion on my rights and unauthorised access to my property. I intend to make a complaint but can anyone help me understand if this was legal or illegal? Thank you
 
One of the conditions of accepting HAP payments is to have your premises inspected for adherence to the required housing & building standards. You'd have got a copy of the Landlord Information Booklet available from www.hap.ie where this is specified. I'm not sure if they arrange inspections through the landlord or the tenant or whether the inspactions are random.
 
Section 18(2) Housing (Miscellaneous Provisions) Act 1992

(2) A person authorised by a housing authority for the purposes of this section may at all reasonable times enter and inspect a house to which regulations under this section apply.

There is no requirement, that I can see, to give notice. "at all reasonable times" suggests no notice is required.

Having said that, it is at the least bad manners to turn up unannounced. My local authority gave me 2 weeks notice, and was very accommodating when I wanted to change the proposed time.

I suggest that you write to them and ask if it is council policy to do unannounced inspections. This would make me think twice about using HAP. Which LA are you talking about if I can ask.
 
Thanks. Its Fingal. I have another property in the area which i got notice of inspection well in advance so no problem there. Its just i had no idea that there was inspection on that first property and i never received a report or any notification whatsoever... Going to contact HAP to investigate.
 
I thought tenant has a right to reasonable notice of any inspection or workman calling to the house. Does that not apply to the council? Are they exempt from the rules?
 
Back
Top