If you are renting a self-contained flat or apartment in your landlord’s home, the residential tenancies legislation applies to your tenancy and your landlord must register with the RTB every year. You may be able to claim HAP if you are sharing accommodation with your landlord. Your tenancy must be registered with the Residential Tenancies Board every year. This means that you have certain rights and responsibilities, as will your landlord. The rental agreement is between you and your landlord and your tenancy is covered by residential tenancies legislation. However, you are not a local authority tenant. The local authority pays the landlord each month and you pay a weekly rent contribution to the local authority, see ‘When you are a HAP tenant’ below. You cannot be discriminated against when renting because you are getting certain payments, including HAP, so landlords cannot state that HAP is not accepted when advertising accommodation. You must find your own private rented accommodation within the HAP rent limits - the local authority will not find it for you.
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