Complainant

Respondent

Parties

Kingsley  Omorodion Aiwekhoe

Katarzyna Hadala and Zibniew Ruthkowski

Representatives

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00058007-001

01/08/2023

The complainant submits that when he asked the agent for the property to get the respondents (the owner of the property) to complete the forms for his HAP application they delayed doing this and then issued a termination notice. The respondents say there are reasons other than the HAP application for them to issue a termination notice.

The complainant submits he moved into the property on 3 May 2023. They were told by the agent that it would be a long term lease. In June 2023 he told the agent that he would be applying for the HAP payment. He gave the agent the HAP application Part B on 14 June to be passed to the landlords for completion. On 19 June, following an enquiry from the complainant, the agent replied to the complainant saying she had nearly completed the form and was waiting on further information from the landlords. On the evening of 19 June the agent delivered a notice to terminate, which said the complainant would have to leave in 3 months. The notice said the landlord was entitled to terminate the tenancy within 6 months of its commencement.

The complainant submits his tenancy was terminated because he made a HAP application.

The respondents submit they had no objection to signing the HAP forms but a termination notice had already been issued. The respondent said the complainant had interfered with the electrics and installed a pre-pay electric meter, also that the complainant alleged there were bed bugs in the property but Rentokil inspected the property and found there was no infestation.

I have to decide if the respondents discriminated against the complainant under the ‘housing assistance’ ground contrary to Sections 3 and 6 of the Equal Status Acts by refusing to participate in the HAP scheme when requested to do so by the complainant.

In this complaint the agent acted as the intermediary between the complainant and the respondents. Unfortunately, she was not available to give direct evidence. By letter dated 21 July 2023 she confirmed she was asked to get the HAP forms completed by the respondents. It says she told the complainant (in response to his request) on 19 June that she was in the process of filling out the HAP form. Finally, she said “I completed the HAP form and sent the HAP form to the Landlords on the 19th June to look over and sign the HAP Form”.

From the evidence available I accept that the respondents received the HAP form to complete on 19 June, the same day they asked the agent to issue a Notice of Termination. The respondents say the termination was issued because the complainant interfered with the electrics and made an unfounded complaint about bed bugs.

The complainant said he had told the agent about his wish to change the meter and she had not objected. The complainant said that he had seen bed bugs and informed the agent, who took any action.

From all the evidence given by both parties I do not accept that the tenancy was terminated for the reasons given by the respondents. I conclude that the tenancy was terminated because the respondents did not want to complete the HAP forms, in contravention of the provisions of the Equal Status Act.

For the reasons given above I find the respondents did discriminate against the complainant on the housing ground. I order the respondents to pay compensation of €4,000 for the effects of the contravention.

HAP – discrimination – not signing forms