However, many tenants make an agreement with their landlord (either a verbal arrangement or by a second lease agreement which shows the full rent to be paid) and this is called the top-up. This is what I was referring to as being illegal.
And an interesting snippet:
Seanad Éireann criticises the practice of landlords seeking cash payments from tenants, in addition to accepting rent supplement, in breach of the legislation.
Yes it is true that some tenants are paying more than the department limits in secret. Generally this is at the tenants request as they want to rent a particular flat. Landlords should not agree to this, but some tenants will literally beg. In addition some Landlords would probably happily go along with it if they are trying to hide total rent, it's a good way of doing it because the tenant won't be shopping them to revenue.
I did not think in the case of WRT11 that is was anything more than the legitimate amount even though he called it a top up.
It's never been clear to me the law on all of this. If a Landlord declares the full rent to revenue, but declares less rent to social welfare, is that illegal. And I've never ever heard of social welfare prosecuring a tenant or landlord over this. I actually think that social welfare try and turn a blind eye to the whole thing as they knew for some tenants it's very hard to get good accommodation and if they don't ignore it then they have to in another department house tenants.
Social welfare do from time to time ring landlords with desparate cases trying to house people. Even in some really bad cases they stump up the deposits for the tenants.
I don't believe the Seanad Eireann opinion. It's just anther attack the landlord scenario. I believe that most cases are instigated by the tenants. I've had tenants at it myself, and they actually want to diddle me too. Declare max rent, pay me an agreed lower amount and the idea is that they in effect get 100% rent.
Example, rent limit 120, actual rent 90. Declared to social welfare 120, so tenant gets 120 less the 30 basic, with this 90 pays landlord 90 as agreed. No idea why any landlord would go along with this as they are wide open to problems from revenue.
But Seanad Eireann and official Ireland will only espouse the view that it's all the landlords who are the baddies.
For myself in relation to social welfare tenants I never sign the document with false rent, and where I suspect something going on I've contacted the CWO. They can be very helpful. They know exactly what is going on.