Complainant

Respondent

Parties

Daniel  O'Brien

Sean O'Riordan

Representatives

Self-represented

No appearance

Act

Complaint

Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000

CA-00061543-001

07/02/2024

This case herein pertains to the Complainant, Mr. Daniel O’Brien, who alleges that his landlord, the Respondent, Mr. Seán O’Riordan, refused to accept (sign the papers for) Housing Assistance Payment (HAP), in breach of his rights under the Equal Status Act 2000 (as amended), in relation to a shared rental property in Wilton, in the city of Cork. The landlord was not resident in the property. The other persons resident in the property were also tenants.

The Equal Status Act 2000 (as amended) is a remedial social statute, and the Complainant is seeking compensatory redress for the effects of the discrimination suffered.

No appearance was entered by or on behalf of the Respondent, Mr. Seán O’Riordan.

The Complainant represented himself and gave evidence on oath, at the hearing.

He outlined that he rented a room in a share property, from the Respondent between March 2023 and February 2024. He outlined that the property contained nine bedrooms and he was renting out one room. The property was located in Wilton, in the city of Cork. He explained that he was paying €550 per month to the landlord, and he had his room to himself. He explained that, at the time, he was unemployed and in receipt of Jobseeker’s Allowance. A summary of payments from DSP for the year 2023 was exhibited. It set out that the Complainant had been unemployed for the totality of that year [1/1/23/-31/12/23] and was in receipt of Jobseeker’s allowance in the amount of €11,974 for the year 2023.

The Complainant explained that he was ‘paying out of pocket’ for his rent. He said that he told the Respondent landlord that he could not afford it. He said that he was paying €140 per week out of a €220 weekly social welfare payment. He said that he ‘could not live on €80 per week.’ He said that he was told in April 2023 that the landlord would not accept HAP. He said that he was threatened with eviction if “you give me any trouble in the house.” He set out that the Respondent, Mr. Seán O’Riordan was the landlord, and his father, Mr. Dan O’Riordan, is the manager of the property.

The Complainant contacted ‘Threshold’ (the charity campaigning against homelessness) [Revenue (Charities Unit) (CHY): 6279. Charities Regulatory Authority (CRA): 20011031]. The Complainant said that ‘Threshold’ issued a letter, dated 2/6/2023, to the Respondent landlord, setting out his legal obligations in respect of HAP under the Equal Status Act 2000 (as amended).. The letter was exhibited, at the hearing. That letter was signed by Ms. Stephanie Breakey, Housing Advisor, Threshold. The Complainant said that he gave the landlord another HAP form, July 2023, and that he ‘heard nothing back’ again.

The Complainant explained how the application (paperwork) for HAP works – he said that he (as the tenant) had to fill in his side of the form, then the Respondent (as the landlord) has to fill in his respective side of the form, and then, the Complainant is to send off the form to Cork County Council.

The Complainant explained that he was familiar with how his eligibility and entitlement to HAP worked. He outlined that he had previously been in receipt of HAP, in respect of another property, in West Cork. In that instance, the Complainant had an apartment to himself. He outlined, that in respect of that property he was paying €30 from his social welfare payment, and HAP covered the rest. He contrasted that with his experience of renting a room in a shared house, from the Respondent landlord, in this instance, where he had to pay €140 out of his social welfare of €220 weekly. The Complainant lived in the Respondent landlord’s property for forty-eight (48) weeks, until he left, due to the economic unsustainability of the situation, attributable to the landlord’s refusal to sign the paperwork for (and to accept) HAP.

The Complainant then extrapolated out that his losses were, based on the previous HAP payments he had received, and how much he had to pay out of pocket in relation to his previous property. His estimate was that he had paid €4,600 out of pocket, to the Respondent landlord, beyond what he should have paid. [Adjudication Officer’s Note: I note, however, that the thresholds for HAP in respect of a room in a shared house are different to the thresholds for HAP in relation to a sole property; They also vary geographically.]

The Complainant said that in the end: ‘I just moved out because it was not affordable.’

The Complainant said that that the property was not registered on the Residential Tenancies Board (RTB), that he contacted ‘Threshold’, that he contacted the ‘RTB’ and that it had advised him to contact the WRC, in relation to this complaint.

The Complainant issued an ES1 form to the landlord, in line with the terms of the Equal Status Act 2000 (as amended). on 8/12/2023. He said that he received ‘no response’. He said that he then filed this complaint with the WRC (7/2/24), subsequent to that.

The Complainant explained that he was paying his rent, through the bank, monthly. He said that the landlord normally collected rent physically – that there is a metal box in the house – tenants leave their rent there, and the landlord normally collects it, in that way. However, the Complainant insisted on paying by direct debit. He said that he paid €550 monthly, by direct debit to the landlord.

The Adjudication Officer allowed the Complainant to submit a bank statement, indicating payment to the Respondent €550, within a prescribed time-frame subsequent to the hearing, which he did.

The Complainant outlined that eventually, he ‘moved out of the property’, that he concluded ‘it was going to be a dead-end’, that he gave the Respondent landlord ‘the HAP three (3) times.’ He said that he ‘can’t live on 80 quid a week.’ He described that as ‘not feasible.’ He said ‘I was going into my funds’ [to live]. He described that as ‘not sustainable.’

No appearance was entered by or on behalf of the Respondent.

I found the Complainant’s evidence to be credible and cogent, and he produced supporting documentation, in support of his oral evidence, at hearing.

I accept the Complainant’s evidence that he made concerted efforts to get the landlord to sign the necessary forms, including requesting he do so on several occasions, and engaging with ‘Threshold’, which itself sent correspondence to the landlord outlining his obligations to the Complainant, in this regard.

I find, on the balance of probabilities, that the Complainant was discriminated against, by the Respondent. I find that discrimination took the form of refusal to accept a tenancy (under the Housing Assistance Payment (HAP) scheme), which is a breach of the Equal Status Act 2000 (as amended). The Equal Status Act 2000 (as amended) is a remedial social statute.

I further find that this resulted in hardship for the Complainant, and ultimately, in him electing to source alternate accommodation.

I find that the Complainant issued an ES1 form, in a timely manner, and then initiated proceedings before the Workplace Relations Commission (WRC) also in a timely manner, as set out within the applicable legislation.

I note that any award I grant must be effective, persuasive and dissuasive, in line with European law principles, in this area.

I find for the Complainant, and I direct the Respondent to pay the Complainant €7,500 within 42 days of the date of this decision, for the discrimination perpetrated against him, in breach of the Equal Status Act 2000 (as amended).

Equal Status Act; Housing Assistance Payment (HAP); Discrimination; Landlord; Shared room in a rented house; Cork;