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A MOTHER SUFFERED added agitation attacks and all-overs as she feared for herself, her accomplice and their three year old babe actuality rendered abandoned afterwards their freeholder banned to acquire hire supplement payments.



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Now, the Workplace Relations Commission (WRC) has upheld the woman’s bigotry affirmation adjoin her freeholder and has ordered the freeholder to pay her €7,000 in compensation.

WRC Adjudication Officer, Valerie Murtagh has begin that the un-named freeholder discriminated adjoin the woman by breaching his obligations beneath the Equal Status Acts aback he banned to participate in the Housing Assistance Payment (HAP) scheme.



Murtagh said that she begin the addressee “to be a cogent and aboveboard witness” and in contrast, begin the freeholder “to be inconsistent in his evidence”.

Murtagh stated: “I am cognisant of the complainant’s accurate bloom issues and that she and her ancestors acquire suffered ample accent and all-overs as a aftereffect of the landlord’s abortion to acquire hire supplement/HAP.”



In her evidence, the addressee declared that the landlord’s abnegation to participate in the HAP arrangement was accepting “a adverse aftereffect on her brainy bloom causing added accent levels, agitation attacks and all-overs in abhorrence of actuality larboard abandoned with a two year old daughter”. 

She declared that her medical action has been recognised and diagnosed by her GP and she was assigned antidepressant medication. 

The addressee arguable that “all of this could acquire been abhorred if the freeholder had not discriminated adjoin us in affiliation to the HAP scheme”. 

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The freeholder served boot apprehension on the addressee on 16 July 2018 on the base that a ancestors affiliate of his would crave the property.

The Residential Tenancies Board begin the abortion apprehension to be invalid but the freeholder has appealed this decision.

The ancestors aboriginal approached the freeholder in November 2017 to see that if he would access the HAP arrangement and provided him with the accordant documentation.

A brace of weeks later, the freeholder replied and declared that afterwards discussing the bulk with his sister, he would not acquire HAP payments.

HAP Payments

The addressee again went to Threshold who brash her that it was actionable for a freeholder to debris to participate in HAP.

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Late, the freeholder declared that he would acquire HAP but abounding out the forms incorrectly.

In June 2018 the freeholder told the tenants that his sister is not accommodating to acquire HAP and that she is because affective aback into the acreage aback the charter expires on 4 August 2018.

The addressee told the audition that the freeholder was accomplishing aggregate to advance them out of the acreage so he does not acquire to acquire HAP.

The addressee declared that she had pleaded with the freeholder to acquire HAP to advice them through the boxy banking time they were again experiencing.

The freeholder denied that he discriminated adjoin the tenants on the HAP ground.

He declared that the acreage in catechism was the ancestors home area he grew up and area his backward ancestor lived into his old age. He states that aback his backward ancestor died in June 2016, he larboard the acreage to himself and his sister.

The landlord’s sister absitively that that she didn’t appetite to move in and the freeholder declared that his babe capital to move into the home.

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The freeholder arguable that he has no affair with HAP or never did. He declared that the absolute botheration is that he capital the old ancestors home aback and that the tenants had a botheration with this. 

The freeholder declared that to accomplish affairs worse, his babe could not delay for the affair to be sorted out and has now confused out and is active in a collapsed in Dublin, a bearings he capital to avoid

Director of Advocacy with Focus Ireland, Mike Allen said: “We acceptable the growing cardinal of cases area tenants who charge to account of HAP acquire taken cases to the WRC and had their rights upheld.

“It is important that these cases are accent to landlords and agents so that they are actual bright about their obligations and the after-effects of declining to accommodated them.

“Due to the landlord’s behaviour the addressee absent out on about 10 months of HAP support, which for best tenants would bulk to added than the  €7,000 allowed.”

“So while the addressee was adventurous abundant to booty the case, went through the ample ache of the bearings and won, they may able-bodied be worse off than if the freeholder had obeyed the law in the aboriginal place.”

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