Clare Community Action Tenants Union (CATU) has expressed deep concerned about the alarming rate of non-compliance with the Standards for Rented Houses Regulations 2019 in Clare.
Recent figures indicating a 93.8% failure rate among inspected private rental properties are not just statistics; they reflect the lived realities of tenants facing potentially hazardous living conditions.
CATU’s investigations have revealed several pressing issues that demand immediate attention.
A spokesperson said: “Accountability for HAP Payments: Landlords are not required to reimburse any HAP payments received during periods when tenants live in substandard accommodation. No rent reductions are offered to the affected tenants. This is not only unfair to the tenants but also an inappropriate use of public funds.
Inspection Discrepancies: HAP inspections are often outsourced to private firms, which issue disclaimers stating their inspections are “visual only” and do not cover structural damages or habitability. This raises concerns about the thoroughness and credibility of these inspections. Who, indeed, is conducting these inspections in Clare?
Lack of Support for Tenants: If landlords refuse to make necessary repairs, resulting in halted HAP payments, tenants often fall into arrears and face eviction. We have witnessed numerous such cases. In these situations, tenants receive no support from the Council, and landlords face no compulsion to undertake repairs. Consequently, tenants may hide property deficiencies, which is completely unacceptable. We urge the Council to address this immediately.
Initial Inspections and HAP Payments: Astonishingly, properties are not required to meet minimum standards before landlords receive HAP payments. No initial inspections are conducted at the beginning of leases, leading to tenants living in inadequate conditions for extended periods.
Inadequate Ranking of Inspection Failures: The current system does not prioritize the severity of inspection failures. Issues ranging from minor, such as improperly sized vents, to major, like non-functioning toilets, are given the same resolution timeframe. It is absurd that landlords are given a standard 3-month period regardless of the issue’s gravity.
Security Concerns for HAP Tenants: HAP tenants lack security. In cases of illegal eviction attempts by landlords, HAP refuses to intervene, citing private agreements, even when the rent is fully funded by public money. Public funds should come with public accountability. We have documented two cases of HAP tenants facing illegal evictions.
HAP Tenancy and Council List: When tenants opt for HAP, they are automatically removed from the Council list unless they express a desire to remain on it within two weeks. This procedure is not transparently communicated, leaving many tenants unaware and inadvertently off the list.
Rent Compliance Issues: There is no mechanism in place to verify if rents paid through HAP align with RPZ rules or general market rate guidelines outside of RPZ.
The spokesperson added: “We strongly urge the local housing department, Clare County Council, and all stakeholders to address these issues with urgency. It is high time we prioritize the safety, rights, and well-being of our residents.”