Ruling of “discrimination” and “victimisation” result in total award of €23,000 to tenant
The Irish Human Rights and Equality Commission (the ‘Commission’) has welcomed the decisions of the Workplace Relations Commission (the ‘WRC’) made in favour of William Gallagher against his former landlords Jenny Brennan and Matthew Hannigan.
The Commission provided legal representation to Mr Gallagher in the case.
Mr Gallagher had been a tenant of these landlords for several years without issue. He was approved eligible to apply for HAP by Kildare County Council, and in early 2024 he asked his landlords to complete the necessary form. They refused to complete the HAP application form, and Mr Gallagher’s application for HAP was returned to him as incomplete by Kildare County Council. Despite repeat engagement from Mr Gallagher, the landlords continued in their refusal to sign his HAP application form for over a year. This delay had a severe financial and personal impact on Mr Gallagher.
Under the Equal Status Act 2000, it is unlawful for a landlord to discriminate against tenants and prospective tenants due to their receipt of rent allowance, housing assistance payments, and other social welfare payments. Mr Gallagher filed a complaint of discrimination under the Equal Status Act 2000 against Ms Brennan due to the refusal and delay in signing his HAP application form.
The Equal Status Acts 2000-2018 ('the Acts') prohibit discrimination in the provision of goods and services, accommodation and education.
He was then issued with a notice of termination of tenancy by his landlords and accused of causing stress to them. This all caused Mr Gallagher further stress, embarrassment and shame. Mr Gallagher filed another complaint of discrimination against his landlords, including a complaint of victimisation under the Equal Status Act 2000. Victimisation is unlawful and occurs when an individual is treated unfavourably because they have complained about discrimination, helped someone who complained, or taken legal action related to discrimination.
Workplace Relations Commission Adjudication Officer, Christina Ryan found the landlords’ refusal and delay to sign Mr Gallagher’s HAP forms to be discrimination “at the more serious end of the scale”, aggravated by their conduct towards him over the lengthy period of delay. In addition, Ms Ryan found that the escalation of negative and unlawful conduct of both landlords towards Mr Gallagher, following his referral of the complaints of discrimination to the WRC, amounted to victimisation under the Equal Status Act 2000.
The decision makes clear that once a request has been made to a landlord to complete a HAP application form, they must take steps to comply with the request. Both Brennan and Hannigan denied discriminating against or victimising their tenant Mr Gallagher.
Mr Gallagher was awarded the jurisdictional maximum award of compensation for discrimination, which is €15,000. He was further awarded €8,000 for the effects of victimisation. In summing up, Ms Ryan said:
“For the avoidance of any doubt, I direct that the Respondents pay the total sum of €23,000 in compensation to the Complainant to reflect the seriousness of the discrimination and the victimisation and the effects of same on the Complainant.”
Chief Commissioner Liam Herrick said:
“This decision from the WRC is important and welcome. This ruling should send a clear message to landlords who refuse to complete HAP application forms for their tenants that such actions are unlawful. There is nothing shameful about qualifying for HAP, and it should never be a cause for discrimination. It’s so important that tenants know their rights under equality law and know that there is assistance there for those who are being deprived of their rights.”
Editor Notes
The decision can be accessed here:
ADJUDICATION OFFICER DECISION ADJ-00055006
ADJUDICATION OFFICER DECISION ADJ-00058029
The Commission provides information on your rights under the Equal Status Acts if you have experienced discrimination in housing because you are receiving Housing Assistance Payment (HAP) here: Housing Assistance Payment (HAP) and Housing