Paul Murphy (Dublin South West, RISE)
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316. To ask the Minister for Housing, Planning, and Local Government if it is the procedure of councils to continue to pay the full HAP payment rate to the landlord in circumstances where a tenant in receipt of HAP is overholding, while the tenant continues to pay HAP rent to the council; and if he will make a statement on the matter. [51082/23]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Under the Housing Assistance Payment (HAP) scheme, a tenant sources their own accommodation in the private rented market. The HAP tenancy agreement is between the tenant and the landlord and is governed by the Residential Tenancies Acts 2004-2022.

Tenants in the HAP scheme are required to sign a rent contribution agreement to pay a weekly rental contribution to the relevant local authority, in line with the local authority’s differential rent scheme. As set out in the rent contribution agreement, this weekly rental contribution must be paid by them so that they remain eligible for the HAP scheme.

In general, where a tenant continues to pay their rental contribution, a HAP payment will be made to the landlord. If a Notice of Termination has issued and the HAP tenancy has ceased then no further payments will be made to the landlord.

As the local authority is not a party to the HAP tenancy, issues such as overholding are a matter for the tenant and landlord to resolve with recourse if necessary, to the Residential Tenancies Board (RTB) dispute resolution service. The RTB was established as an independent statutory body under the Residential Tenancies Acts to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.