Warning to landlords considering HAP tenants

Discussion in 'Property investment and tenants' rights' started by landlord, 17 Jul 2018.

  1. galway_blow_in

    galway_blow_in Frequent Poster

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    its not RAS , what im in is the long term lease scheme , you take a 20% below market rate but i argued with the council in favour of a high market rate , didnt think they would agree to such a reference point but they did so i receive 850 per month , i have no dealings with the tenants and once january 27th arrives ( six months from commencement of lease ) , im not even responsible for electrical appliances , painting or furniture which breaks , i am responsible for structural maintainance , property tax and insurance .

    sticking to the point ,i was failed the first day but he came back within a week once i notified him that i had carried the requested improvements , i think it might be the luck of the draw as to who you get , inspector i had was a very nice man and very reasonable , even fitting the duct pipe through attic and fitting two slate vents wasnt especially expensive , i just think its the wrong decision , inspector is only working off someone elses rule book , most of them hammer you on ventilation , my guy accepted that the living room downstairs would have to do with trickle vents as i couldnt vent it through the attic and two drilling companies i asked , refused to drill through stone , the rest of the downstairs area is open plan and the kitchen is a block built new extension so wall vents not a problem .

    i saw no 22 page document or anything like it , again i guess i was lucky who visited me .
     
  2. Leo

    Leo Moderator

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    Completely different schemes there, but I've never seen the long terms lease standards or inspection sheets, so can't comment on that aspect.

    One very significant difference though, in the long term lease scheme the LA is the landlord, so they are legally responsible for ensuring the property is maintained to minimum standards. With HAP, it is the home owner. My guess is LA employed inspectors won't be quite as demanding when inspecting properties the LA are responsible for maintaining.
     
  3. galway_blow_in

    galway_blow_in Frequent Poster

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    Could well be, I've only the one single residential property but we're I to buy another ( no plans currently), I think I would go with the long term lease option again, way I see it the state has so much power over property now, you might as well have the state as tenant

    I bought in a disadvantaged area so did not want dealings with tenants, only been five months but no issues so far
     
  4. Leo

    Leo Moderator

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    Yep, that lowers the management burden on you while also avoiding the uncertainties around HAP requirements.
     
  5. landlord

    landlord Frequent Poster

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    Update.....
    Since I originally wrote this post six months ago I have ignored the second “extreme” list of corrective action and have heard nothing from them.
    Strange??!!
     
  6. Magpie

    Magpie Frequent Poster

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    Most inspections throughout the country are done by the council inspector, and its a very basic check that the house meets the same standards for ALL rented properties. There are no extra standards for HAP housing, as some landlords claim.

    Your claim that you lose rent is also bogus. HAP is paid in arrears but landlords can and always do ask the tenants for the deposit and the first month up front, which they cover themselves, and then the arrears of Hap are used for the next month. So you are in a better position than non HAP landlords as you are guaranteed the last months rent, where you would not be otherwise.

    If you have a demand to improve your property it means you are below the minimum legal standard for all rented dwellings and that's on you, its no-one elses fault or problem that you have not managed to provide the low minimum legal standards without being forced to do so.

    As for warning other landlords off from HAP tenancies, I hope you and they know that it is illegal to discriminate against HAP tenants? Am surprised the website allows this...
     
  7. Magpie

    Magpie Frequent Poster

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    You hear wrong. I have it in front of me, its 7 pages long and minimal. Inspection takes ten minutes and most pass.
     
    RETIRED2017 likes this.
  8. Leo

    Leo Moderator

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    I don't believe you can legally ask for a double payment for the first month. This would also not apply in cases where a tenancy switches to HAP shortly after moving in, this happens quite a bit as tenants who can afford the extra up-front are afraid to mention HAP prior to occupying the property.

    I've only seen a couple of reports, and as you say, they are fairly short but they are open to interpretation and I have seen a demand for CO2 detectors in an apartment with no source of open combustion which is in excess of housing regs.
     
  9. robert 200

    robert 200 Frequent Poster

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    I was asked by a DCC inspector to provide fire evacuation plans for all 4 apartments in a 2 story house. I was also asked to remove smoke detectors with 10 year battery life and
    replace them with mains operated detectors. Total cost €1200 . This is nonsense - I dont deal with HAP anymore because of this.
     
  10. cremeegg

    cremeegg Frequent Poster

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    You seem very certain of yourself. You don't tell us the basis of your experience with HAP or related inspections.

    Meeting standards can in many instances be a matter of interpretation.

    I had a pre-Hap inspection and a number of issues were addressed. A few years later I had a second inspection and a number of issues were identified which had been unchanged since the original inspection. The adherence to standard or otherwise had not changed, but the inspectors interpretation had.
     
    galway_blow_in likes this.
  11. The Horseman

    The Horseman Frequent Poster

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    Care to share the requirements.
     
  12. cremeegg

    cremeegg Frequent Poster

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    Sorry Horseman, this is a distraction. The applicable standards are set out in the

    HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS 2017
    http://www.irishstatutebook.ie/eli/2017/si/17/made/en/pdf

    Any checklist an inspector may have for his own use has no legal standing.
     
  13. Bronte

    Bronte Frequent Poster

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    There is nothing stopping you having two months deposit.

    My tenant were moved into HAP.Once I realised this would be rent in arrears the tenant's had to pay me an extra month so that I had a deposit. The tenants paid it over time to make it easier for them.
     
  14. Bronte

    Bronte Frequent Poster

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    Then how do you account for one landlord having to do stupid venting and another being given out to for vinyl flooring.
     
    galway_blow_in likes this.
  15. Bronte

    Bronte Frequent Poster

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    Can you breakdown those figures. I got my electrician to put in a mains battery when he was doing some work for me and it didn't cost anything like the amount you paid.
     
  16. Leo

    Leo Moderator

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    Correct, but that wasn't the situation suggested in the post I was replying to. Asking for an additional month's deposit during an established tenancy could be problematic.
     
  17. The Horseman

    The Horseman Frequent Poster

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    Correct me if I am wrong but these are the standards for rental accommodation, the standards for HAP are greater than these and I wanted to see a copy of the checklist for HAP.
     
  18. Bronte

    Bronte Frequent Poster

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    In what way problematic? I'm happy, HAP is happy and the tenant is happy.
     
  19. Leo

    Leo Moderator

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    It's a breech of the terms of your contract. A provision to limit deposits to one month is also included in the measures Eoghan Murphy is seeking to introduce.
     
  20. Bronte

    Bronte Frequent Poster

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    No it's not. It's supposed to be one months deposit and rent in advance. HAP pays me in arrears. They broke my contract with the tenant. In any case if we all agree we can modify a contract.

    Also speaking of illegality, HAP are illegally withholding 20% of the rent.

    I'm aware that Threshold wishs the minister to make it one month's deposit. I think three months is fairer because of the damage some tenant's do. I've no issue with a deposit scheme. Because I bet anything landlords like me who don't make deductions from deposits will be the winners.