Kildare landlords fined €23,000 for tenant discrimination

THE Workplace Relations Commission (WRC) has ordered local landlords Jenny Brennan and Matthew Hannigan to pay €23,000 in compensation to tenant for discrimination and victimisation after they delayed signing the landlord section of his Housing Assistance Payment (HAP) application form.

William Gallagher was a tenant in a property owned by Ms Brennan and Mr Hannigan in Co Kildare. On December 6, 2023 he was approved as eligible for HAP by Kildare County Council. At the beginning of January 2024 he sent the completed HAP application forms to the landlords requesting them to complete and sign the landlord’s section.

He alleged that from 3 January 2024 the landlords refused or delayed completing and signing the form.

The delay meant Mr Gallagher did not receive HAP payments he was entitled to for approximately 15 months, during which he paid full rent of €1,300 per month while eligible for a monthly HAP contribution of €1,012.

This resulted in an approximate €15,180 loss for the tenant in rent paid during that time.

Following his persistence, he claimed the landlords served three notices of termination, the first within eight days of receiving notice of his intention to file a complaint.

Ms Brennan and Mr Hannigan denied discrimination against the tenant. They claimed that during a phone call on 3 January 2024 Mr Gallagher agreed not to pursue HAP, because the landlords intended to sell the property. However, the tenant denies this.

They stated personal issues and the sale intent were the reasons for delay in completing the form.

“I clearly advised the tenant that we were currently selling our other property and that I would look into his request in due course,” said Ms Brennan.

Selling another property, and personal issues including health problems in the family were reasons why the landlords had not signed the form, as there was “more valid things to focus on”.

Adjudication Officer Christina Ryan found that Mr Gallagher’s account was credible, noting the pattern of delay and the financial impact on him.

She concluded that the landlords’ failure to complete the HAP form promptly constituted discrimination on the “housing assistance ground” under the Equal Status Act 2000. The law prohibits discrimination in accommodation where one tenant is receiving housing assistance and another is not.

Discrimination was also found where the landlords issued the tenant termination notices, accused him of causing stress.

“Once a request has been made to a landlord to complete Part B of the HAP application form, as occurred in the instant case, the landlord is required to take steps to comply with the request,” said Ms Ryan.

“I am satisfied that the respondents’ failure to complete Part B of the HAP application form when requested to do so resulted in the Complainant’s application for HAP being returned to him by Kildare County Council, and that for a 15-month period when he was entitled to HAP he did not receive it.

“As a consequence, he was unable to avail of HAP towards payment of his rent. I found him to be a very credible witness and his account was corroborated by the documentation provided."

The WRC ordered the landlords to pay Mr Gallagher €15,000 for the discrimination aspect and €8,000 for the victimisation aspect, with a total of €23,000 compensation.