Landlord of Cork property ordered to pay compensation over failure to sign HAP document for tenant

Seán McCárthaigh

The landlord of a Cork property has been ordered to pay his tenant compensation of €10,000 over his persistent failure to sign documents to allow her access to the Housing Assistance Payment.

The Workplace Relations Commission ruled that the landlord, John Delahunty, had breached the Equal Status Act 2000 by discriminating against his tenant, Kristen Cavanagh, by refusing to cooperate with her efforts to receive the HAP.

The landlord denied discriminating against Cavanagh and maintained he had no objection to her receiving the HAP.

He contended that any delays arose from personal circumstance including the illness and subsequent death of his wife rather than a deliberate refusal to cooperate with his tenant’s HAP applications.

Cavanagh told the WRC that she had received verbal assurance from Delahunty before she moved into the property in December 2021 that the HAP, while not being accepted immediately, would be facilitated from August 2022 onwards.

However, she gave evidence of encountering repeated delays, non-responses, changing explanations and failures to provide documents by the landlord extending from April 2022 until October 2025.

Cavanagh said her financial situation became critical in September 2024 when she became solely responsible for the rent following the departure of her partner from the tenancy.

She outlined how she sought the assistance of Threshold, Citizens Information, the Residential Tenancies Board, Cork County Council and social welfare officials as part of her efforts to get her landlord to sign HAP documentation.

The WRC heard the landlord attended the property in July 2025 and indicated the required forms would be posted to her after they had been left in another vehicle.

Cavanagh said she was subsequently informed that the documents were with Mr Delahunty’s solicitor who was confused why he had been sent them.

When she eventually obtained the documents, Ms Cavanagh said they contained incorrect information and rent figures as well as omitting required supporting documentation

She told the WRC her savings were depleted and she had been forced to take on additional employment to pay her rent.

Cavanagh said she had experienced significant stress while pursuing her studies which she ultimately had to defer.

In his ruling, WRC adjudication officer, Thomas O’Driscoll, said Ms Cavanagh had provided extensive documents consisting of lease agreements, text messages, WhatsApp correspondence, e-mails, HAP documents and correspondence with the RTB as part of her complaint against her landlord.

O’Driscoll said her evidence was detailed and consistent and corroborated by documents.

In contrast, he claimed Mr Delahunty’s submission largely consisted of explanations for delay “rather than evidence demonstrating meaningful cooperation.”

Delahunty claimed his solicitor had all his documents in the case but they did not provide any papers to the WRC.

While acknowledging that Mr Delahunty had experienced difficult personal circumstances, the WRC official said they did not explain “a pattern of delay extending over several years.”

“Nor do they justify repeated failures to provide documentation required for housing assistance applications,” he added.

O’Driscoll said a striking feature of the case was Ms Cavanagh’s persistence and he noted how she was repeatedly informed that matters would be dealt with only for further delays, explanations and obstacles to arise.

He claimed Delahunty’s assertion that he had no objection to HAP was difficult to reconcile with the evidence.

O’Driscoll said the discrimination against the tenant was not a single isolated incident but “a continuing course of conduct which persisted over a significant period and had substantial financial and emotional consequences for the complainant.”

In awarding compensation of €10,000, the WRC official said he had taken into account the considerable stress, anxiety and uncertainty that Cavanagh had experienced over her inability to access the HAP.

He said the level of the award was “appropriate, proportionate and effective.”

The WRC also directed the landlord to fully cooperate with all measures required to allow his tenant to access HAP or any equivalent housing support for which she was eligible.

O’Driscolll pointed out the legislation was enacted to ensure that people entitled to housing assistance were not disadvantaged because they seek to avail of such support.