Warning to landlords considering HAP tenants

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

  1. cremeegg

    cremeegg Frequent Poster

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    I don't think that there are different standards for HAP. When I had an inspection, the report referred to the quoted standards only.
     
  2. Leo

    Leo Moderator

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    Just have that in writing to cover yourself.

    I'm not sure what that refers to.

    The proposals still seem to include references to assigning authority to the PRTB to limit the deposit to a single month. I don't think any deposit scheme they bring in will ever allow 3 months as that would be seen as a barrier to HAP tenants. But such a scheme, while adding overheads, if managed fairly should eliminate many of the current disputes that end up before the PRTB. The proposals do include moving to an annual registration process and fee to cover the increased administration and allow the PRTB to become self-financing.
     
  3. PaxmanK

    PaxmanK Frequent Poster

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    Last edited: 5 Jan 2019
    Im aware of a situation where the landlord asked the tenant would they require hap when they moved in. The tenant said no. Tenant paid deposit and first month's rent in advance. No sooner were they in than they said they actually needed hap.

    The landlord gave them their notice for basically lying and obtaining the property by deception.

    And now it's going through the RTB. In the meantime inspectors came out and issued the famous list of repairs that will cost thousands.
     
    Last edited: 5 Jan 2019
  4. Bronte

    Bronte Frequent Poster

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    I have zero in writing.

    Non resident landlords get 20% of the rent held back by HAP. I believe they have no legal right to do so. Because it’s supposed to be the tenant who deducts it. HAP is not the tenant. But the tenant doesn’t get the rent. So the tenant can’t deduct it. The withheld 20% is a credit against that years tax. Actually HAP have even the 20% wrong. Because the tenant pays some rent too. To the council.

    So the RTB is expanding and the costs for landlords to run it are increasing. They recently changed registrations from 4 years to 6 and now they’re going to give us all more administration with yearly registrations.

    As I said I’ve no issue with a deposit scheme. It will stop rogue landlords. But ultimately we will get to keep more of the deposit. You’d be amazed what Irish get away without paying as landlords just accept it. Here on the continent you get a massive bill if you leave a painting hole on the wall or a tiny scratch on a floor. There’s even the height of the hedge to be the same as when you rented. No problems as regards furniture though, as most everywhere is let unfurnished.
     
  5. Gordon Gekko

    Gordon Gekko Frequent Poster

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    The world has gone mad. If a landlord wants to charge 6 months’ rent, use AirBnB, or ban HAP tenants, he/she should be free to do so.
     
  6. Bronte

    Bronte Frequent Poster

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    Last edited: 6 Jan 2019
    Many students accommodations charge rent in two moities. Up front. And we all know why.

    If they bring in a new deposit law we can just demand three months rent up front constantly to get around it.

    I agree with you about the Air B&B.

    And disagree about HAP. People shouldn’t be discriminated against.
     
    Last edited: 6 Jan 2019
  7. Gordon Gekko

    Gordon Gekko Frequent Poster

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    Charles Hurst discriminate against me though. I want to buy an Italian sports car and they keep demanding money for it which I don’t have.
     
  8. PaxmanK

    PaxmanK Frequent Poster

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    Get one of those price controlled Italian sports cars. They can only charge you the same price as the Nissan Micra for sale beside it. And if you are really clever make sure you buy one from a garage which was selling them at a discount the day before the sports car price control came in.
    Oh and them just stop paying for it as soon as you get it. Free car for a couple of years. Then you can rinse and repeat.
     
    Purple, Romulan, Annie51 and 2 others like this.
  9. lff12

    lff12 Frequent Poster

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    I think what you might be hitting here is changes to build standards/codes and PRTB/HAP standards over 15 years.
    You will probably find that many owner occupied homes build more than 10 years ago wouldn't meet HAP standards.
     
  10. Purple

    Purple Frequent Poster

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    There's no way the house I rent would meet RTB standards. I wouldn't expect my landlord to spend what it would cost to bring it up to specification. I pay low rent. He's a nice guy. I expect him to cover reasonable repairs etc but it's an old house and I don't expect it to be perfect.
     
    RETIRED2017 likes this.
  11. Magpie

    Magpie Frequent Poster

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    You are wrong, they are the exact same standards. There is no checklist for HAP, there is only the standards for rental accommodation.
     
  12. Fredmck

    Fredmck Registered User

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    I am due a HAP inspection. Is there anything I need to do up front? I was told that I need a Gas and Electricity certificate ? is this correct?
     
  13. cremeegg

    cremeegg Frequent Poster

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    I would ask the council on what basis this has been requested. They cannot request a cert unless there is a requirement for you to provide one.

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

    and in my opinion that does not say that you need any Gas or Electricity cert.

    Please let us know how you get on.
     
  14. RedOnion

    RedOnion Frequent Poster

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    I'm pretty sure they have legal grounds to make the deduction.

    I don't believe the legislation mentions the 'tenant'. The guidance notes might, but the tax consolidation act refers to the person making the payment. Well technically 'by or through', which covers the situation where rent is paid to an Irish agent. It would also cover HAP deducting the 20% from the rent that the tenant pays to them.
     
  15. plant43

    plant43 Frequent Poster

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    I've had HAP tenants since it first became available in 2015/6 (can't remember exact date). Just had first inspection, only items of concern were gas boiler service and CO alarms. I ordered 3 CO alarms from Amazon for 45 euro and arranged that boiler service so that should be that hopefully.

    Also I live overseas but get the full rent paid direct to me. I still do my taxes every year as required.