Kildare landlord ordered to pay €5,000 for discrimination

A KILDARE landlord has been ordered to pay €5,000 in compensation to a former tenant after it was found he discriminated against and harassed the tenant in relation to a housing support scheme.

The decision, issued by the Workplace Relations Commission (WRC), followed a complaint brought by Uze Abdulrakim Adekoya against landlord John O’Connor under the Equal Status Act 2000.

The case was centred on the landlord’s refusal to complete a Housing Assistance Payment (HAP) application form in late 2024. The tenant had requested his signature after experiencing financial difficulties while renting an apartment from July 2023.

According to the uncontested evidence presented at the hearing, the landlord initially agreed to sign the form but later refused and told the tenant to leave the property.

The adjudication officer found that this refusal amounted to less favourable treatment on the “housing assistance ground”, a protected category under equality law covering tenants who rely on state housing supports.

The tenant also told the WRC he was subjected to a series of distressing incidents after requesting the HAP form be signed, which included an alleged unlawful eviction notice in November 2024, repeated disconnection of electricity to the property, threats of violence and intimidation, including multiple visits from groups of “four or five” men to tell Mr Adekoya and his children to leave the property, and ongoing pressure to vacate the home.

It was also heard that in the most recent date of “prohibited conduct” from the landlord, he allegedly switched off the electricity by removing the fuse.

The tenant said the situation caused significant distress to him and his family and that it was difficult to secure alternative accommodation.

It was also heard that Mr Adekoya paid partial rent in September 2024 and no rent thereafter until he left the property in April 2025.

The landlord did not attend either of the two scheduled hearings, despite being notified.

The case initially faced a procedural issue, as the tenant had sent a formal notification (required before bringing a complaint) to an incorrect address and had not waited the required one-month period before filing his claim.

Mr Adekoya explained that he sent an ES.1 form on 30 January 2025 to an address provided by a former tenant, although he was unsure if it was correct, as no address was listed on the tenancy agreement or eviction notice and the RTB could not provide one because Mr O’Connor was not registered.

He said he repeatedly asked Mr O’Connor for an address but was refused, and while he tried to follow the law, he became frustrated in his efforts.

He also acknowledged that he did not wait the required one month after sending the ES.1 form before submitting his complaint to the WRC, as he was concerned about meeting the deadline.

Although a Family Resource Centre assisted him with the form, he was not informed of the need to wait one month.

However, the adjudicator ruled that “exceptional circumstances” applied. She accepted that the tenant had made considerable efforts to obtain the landlord’s correct address, including contacting the Residential Tenancies Board (RTB), and that the landlord had failed to provide it.

As a result, the WRC allowed the case to proceed.

In the decision, the adjudicator found that the landlord discriminated against the tenant by refusing to facilitate access to HAP, that the tenancy was subsequently terminated in breach of the law, and that the conduct experienced, including intimidation and electrical disconnection, constituted harassment.

However, a separate claim of victimisation was not upheld due to lack of evidence.

Taking into account the circumstances, including unpaid rent in the months before the tenant left the property in April 2025, the adjudicator awarded €5,000 in compensation.