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Buachaill
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 12165
Experience:  Barrister 17 years experience
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I want to rent a room in my owner-occupied apartment do I

Customer Question

Hi
JA: Hello. How can I help?
Customer: I want to rent a room in my owner-occupied apartment do I have to accept a HAP Tennant
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: none just 1 applicant with hap others without
JA: Where is the apartment located?
Customer: Sandyford
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I would like to know if I rent a room in my owner occupied apartment is it a requirement that I have to accept HAP tennants.
Submitted: 7 months ago.
Category: Property Law
Expert:  Buachaill replied 7 months ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Customer: replied 7 months ago.
I want to rent a room in my owner-occupied apartment do I have to accept a HAP Tennant
Expert:  Buachaill replied 7 months ago.

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.

Expert:  Buachaill replied 7 months ago.

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.

Expert:  Buachaill replied 7 months ago.

3. If there is some aspect of the issue you need further clarification upon, I will be happy to advise further. Thank you for using the website. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website despite answering your question thereby providing no incentive to answer any further questions.

Customer: replied 7 months ago.
I can answer this myself by meeting the HAP applicant: But as there are others I can select them:All I want to check is the legal status for an owner-occupier who rents:
I have no problem with a fee.
Expert:  Buachaill replied 7 months ago.

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.

Expert:  Buachaill replied 7 months ago.

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.

Expert:  Buachaill replied 7 months ago.

6. Have I answered your question or is there something you don't quite understand?

Expert:  Buachaill replied 7 months ago.

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