Dáil Éireann Debate, Tuesday - 28 July 2020
325. Deputy Darren O'Rourke asked the Minister for Housing, Planning and Local Government the basis on which a person can be refused a HAP tenancy due to the fact they have a close family connection with a prospective tenant or landlord; the definition applied to close family connection or relative; and if he will make a statement on the matter. [17987/20]
View answer356. Deputy Matt Carthy asked the Minister for Housing, Planning and Local Government if he will consider a scheme in which a HAP-type payment can be made to parents whose adult children that qualify for HAP reside or return to the family dwelling; and if he will make a statement on the matter. [18868/20]
View answerI propose to take Questions Nos. 325 and 356 together.
The 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 the 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.
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 is excluded from this scheme. HAP cannot be paid where the tenant is seeking to rent within the family home.
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. Ultimately, it is the responsibility of the housing authority to make a decision in each individual case.
