Dáil Éireann Debate, Wednesday - 3 June 2020
1194. Deputy Duncan Smith asked the Minister for Housing, Planning and Local Government if a landlord agreed a rent increase on the housing assistance payment scheme with both the tenant and the local authority prior to the three-month freeze, can the local authority deny the increase due to the freeze. [8813/20]
Amharc ar fhreagraUnder the Housing Assistance Payment (HAP), a tenant sources his or her own accommodation in the private rented market. The tenancy agreement is between the tenant and the landlord and is governed by the Residential Tenancies Acts. HAP supported tenancies are afforded the same protections available to all private rented tenancies.
Under the Emergency Measures in the Public Interest (Covid-19) Act 2020, the Government introduced additional supports and protections for renters, beyond the income supports already agreed with the Department of Employment Affairs and Social Protection. The Act provides for amendments to the Residential Tenancies Acts 2004 to 2019, which will operate for a period of 3 months from 27 March 2020. Provision has been made for the Government to extend this period, if necessary.
All notices of rent increase which were served before the emergency period and were due to take effect during this period are paused. While tenants are obliged to pay rent during the COVID–19 emergency period, landlords are not permitted to increase the amount of rent payable during this period.
The HAP Shared Services Centre (SSC) manages all HAP-related rental transactions for the tenant, local authority and landlord. The HAP SSC have proceeded to action any rent increases that were notified and due to take effect prior to 27 March 2020. However, any rent increases that were due to take effect after 27 March 2020 are paused in line with Emergency Measures in the Public Interest (Covid-19) Act 2020.
While rent increases are prohibited during the period, rent decreases can be implemented. Outside of the usual rent review cycle, temporary reductions in rent can be implemented on an informal basis by agreement between the landlord and tenant. If they decide to do so, parties should clearly agree the conditions in writing and whether this is intended as a rent reduction for the emergency period or a more permanent arrangement.
