Dáil Éireann Debate, Tuesday - 14 May 2024
375. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage to set out the rules regarding renting and receiving HAP where the rental property belongs to a family member; and if he will make a statement on the matter. [21515/24]
Amharc ar fhreagraThe Housing Assistance Payment (HAP) Scheme is deemed to be a social housing support under the Housing (Miscellaneous Provisions) Act 2014. As a long term housing support, an assessment of housing need must be completed in order for a household to qualify for HAP. Any household with an identified housing need is eligible for HAP.
In order for housing assistance to be provided under the Act the housing authority must be satisfied that the tenancy concerned is or would be a tenancy in good faith. Where there is a family relationship between the tenant and the landlord, the housing authority may seek evidence of a previous landlord and tenant relationship between a landlord and HAP applicant. This evidence may include:
• Proof of rent payments;
• A lease or tenancy agreement for the property; and
• Registration of the tenancy with the Residential Tenancies Board.
In order for a housing authority to be satisfied that a tenancy is or would be in good faith; the onus is on the applicant and landlord to prove that what is being proposed is a bona fide tenancy.
HAP support is available to tenants in rent a room scheme arrangements; however, the rental of a room to a civil partner, son or daughter are excluded from this scheme. HAP cannot be paid where the tenant is seeking to rent within the family home. Ultimately, it is the responsibility of the housing authority to make a decision in each individual case.
