Landlord ordered to pay €7,500 to former tenant over refusal to sign HAP form

Seán McCárthaigh

A Cork landlord has been ordered to pay his tenant €7,500 in compensation over his refusal to sign documents relating to the Housing Assistance Payment (HAP).

The Workplace Relations Commission ruled that the landlord, Seán O’Riordan, had breached the Equal Status Act by discriminating against his tenant, Daniel O’Brien, in relation to accepting HAP for his rental property in Wilton, Cork.

Mr O’Brien told the WRC that he rented a room between March 2022 and February 2024 for €550 per month in the shared house which contained nine bedrooms.

He explained that he was unemployed at the time and provided documentation to show he was in receipt of Jobseeker’s Allowance.

Mr O’Brien gave evidence that he was “paying out of pocket” for his rent and that he told his landlord he could not afford it.

The WRC heard that €140 out of his €220 weekly social welfare payment went on rent and that he “could not live on €80 per week.”

Mr O’Brien claimed he was informed in April 2023 that his landlord would not accept HAP and was threatened with eviction “if you give me any trouble in the house.”

The WRC heard that Mr O’Riordan was the landlord, while his father, Dan O’Riordan, was the manager of the property.

Mr O’Brien said Threshold wrote to the landlord on June 2, 2023 to remind Mr O’Riordan of his legal obligations in respect of HAP after he had sought help from the housing charity.

The complainant claimed the property was not registered with the Residential Tenancies Board.

He claimed he heard “nothing back” after giving his landlord another HAP form to sign.

Mr O’Brien said he had to leave his rented property after two years due to the economic unsustainability of his situation which arose because of his landlord’s refusal to sign the paperwork for HAP.

“I just moved out because it was not affordable,” he remarked. “It was going to be a dead-end.”

Mr O’Brien said he had to go into his own funds and estimated he had paid €4,600 out of pocket to Mr O’Riordan over what he should have paid if provided with HAP.

Mr O’Riordan did not attend a hearing of the complaint by Mr O’Brien at the WRC held on July 1, 2024.

In her ruling, WRC adjudication officer, Lefre de Burgh, said she found the complainant’s evidence to be “credible and cogent,” while he had also provided supporting documentation.

Ms de Burgh said she accepted that Mr O’Brien had made concerted efforts to get the landlord to sign the HAP forms including getting Threshold to write to him.

She ruled that the landlord had discriminated against his tenant on the balance of probabilities which resulted in hardship for Mr O’Brien and ultimately making him seek alternative accommodation.

Ms de Burgh said any award must be “effective, persuasive and dissuasive” and ordered Mr O’Riordan to pay his former tenant €7,500 compensation within 42 days.