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1. Since 2016, there is legislation in Ireland, which would apply to an apartment in Sandyford, which prohibits a landlord from discriminating against anyone who relies upon State support, such as the HAP scheme, to pay their rent, when it comes to the landlord selecting tenants for his property. So, if you sign a lease with a tenant and the tenant then informs you that the local County Council is going to pay a proportion or all of the rent, then you cannot throw the tenant out or revoke the lease. You are stuck with it. Essentially, you are obliged to accept the payment method by the HAP scheme if this is what is offered as you cannot discriminate against the tenant because this is the payment avenue suggested by them. Additionally, if you go asking a tenant what is their payment method, they can report you to the Residential Tenancies Board on the basis of purported discrimination. So, you are stuck with the HAP Scheme if this is what the tenant offers as payment.
2. Be aware that a tenant can seek to enforce their rights to the tenancy by an injunction if they go to litigate the issue. So, you are better conduct your own assessment of tenants without directly asking about the HAP Scheme.
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4. The legal status for the owner-occupier is that they cannot refuse to rent to the HAP applicant merely because they are offering the HAP Scheme as payment ie they cannot discriminate.
5. However, if you know there are people who will pay by cash or bank transfer, you can select them if you wish. However, you cannot refuse a HAP scheme person merely because they are getting state support for the rent.
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