A State watchdog has ordered a landlord to pay €13,000 compensation to a mother he tried to evict when she was pregnant and only 13 days after she sought Housing Assistance Payment (HAP).
At the Workplace Relations Committee (WRC), adjudicator Bríd Deering said the €13,000 payout to be made by John Corley “reflects the seriousness of the discrimination” and its effects on the complainant, Laura Keane.
In uncontested evidence at the WRC, Ms Keane said Mr Corley had been her landlord since 2017.
She said Mr Corley had other rental properties and the relationship with him was a positive one and uneventful until February 13th, 2022.
On that date, Ms Keane – represented by Threshold in the WRC case – requested a written lease and informed Mr Corley that she intended to apply for HAP.
However, the following day Ms Keane said she received a call from Mr Corley saying that if she wanted a lease, he would have to increase the rent from €850 per month to €1,000 per month.
Tenant rights
This call prompted Ms Keane to get in contact with the Residential Tenancies Board (RTB) and a local auctioneer to enquire what her rights were as a tenant.
During the following five days, Ms Keane phoned Mr Corley on several occasions, and she contends that Mr Corley reacted aggressively on these calls and said repeatedly that he did not want HAP on his property.
Ms Keane submitted that Mr Corley told her that his solicitor had advised him to get rid of her and that she would be receiving “something in relation to that soon”.
On February 26th, 2022, Ms Keane said Mr Corley called to her home and was extremely aggressive in his interactions with her.
Ms Keane said Mr Corley handed her a document entitled “Notice of Termination” which stated that she was to vacate the property on May 31st, 2022.
Ms Keane contended that the Notice of Termination was served on her as a direct consequence of her request for HAP.
Ms Keane submitted that she did not know her rights as a tenant and was under the impression that she may have to vacate the property, although she had received an opinion that this Notice of Termination was invalid given it did not comply with the 30-day notice requirement.
She said that this time was extremely stressful for her where she has a young child and was pregnant with her second child.
Ms Keane was uncertain if she could remain at the property or be compelled to leave.
Ms Keane referred this matter and other matters to the RTB and the Notice of Termination was rescinded by Mr Corley at an RTB hearing.
Unreturned calls
Following the RTB hearing, Ms Keane phoned Mr Corley twice on June 12th, 2022, regarding the HAP application. However, her calls were not returned.
Ms Keane contended that she has been prevented from making a HAP application because Mr Corley would not sign Section B of the form.
Ms Keane said the entire situation was extremely stressful.
She said the property was her home and home to her children and Mr Corley’s actions has resulted in her paying rental amounts which she should not have to pay if she was in receipt of HAP and that this has placed considerable financial pressures on her and her family.
In her findings, Ms Deering found that the uncontested evidence of Ms Keane is that Mr Corley continues to refuse to complete section B of the HAP Application Form and that this is having an adverse effect on Ms Keane both financially and emotionally.
Ms Deering said she was satisfied that this ongoing refusal by Mr Corley to complete the HAP Form and/or to accept HAP towards payment of rent amounts to less favourable treatment on the housing assistance ground under the Equal Status Act.
As part of her order, Ms Deering has also directed that Mr Corley take such steps as are required to enable Ms Keane to participate in the HAP Scheme, including completing the relevant sections of the HAP Application Form and to accept HAP payments from the relevant Local Authority.
