Under the Housing Assistance Payment (HAP), a tenant sources their own accommodation. The tenancy agreement is between the tenant and the landlord and is covered by the Residential Tenancies Act 2004 (as amended). The accommodation sourced by tenants should be within the prescribed maximum HAP rent limits, which are based on the household size and the rental market within that area.
HAP applicants are informed of the maximum rent limits for their local authority area; these elements of the scheme are stated in the HAP Tenant Information Booklet and on the dedicated HAP website, www.hap.ie , and local authority staff also explain them to each HAP applicant.
Each local authority has statutory discretion to agree to a HAP payment up to 20% above the prescribed maximum rent limit in circumstances where it is necessary, because of local rental market conditions, to secure appropriate accommodation for a household that requires it. Greater enhanced support is also statutorily provided for in the Dublin Region for homeless households. It is a matter for the local authority to determine if the application of the flexibility is warranted on a case by case basis. Local authorities must also be cognisant of the provisions of the Residential Tenancies Act when approving increases in HAP payments and advise tenants accordingly.
My Department is aware that some HAP recipients are making payments directly to their landlords, beyond the amount of HAP being paid on their behalf. There is no legislative provision precluding HAP supported households contributing towards the monthly rent to their landlord and my Department does not routinely collect data in relation to households in receipt of HAP who are making additional payments to their landlord beyond that of their HAP payment. Local Authorities have a responsibility to ensure that tenancies are sustainable and are advised not to provide HAP support to tenancies where the household would not be in a position to meet the rental costs being sought.
The data available to my Department indicates that the current rent limits and the flexibility to exceed those rent limits provide local authorities with sufficient capacity to assist households in securing rented accommodation that meets their needs.
My Department continues to keep the operation of the HAP scheme under review. I am satisfied with how the HAP scheme is operating and I consider it to be a key vehicle for meeting housing need and fulfilling the ambitious programme under Rebuilding Ireland.