Introduction
WRC rules in favour of tenant after finding discrimination and victimisation under the Equal Status Act.
1.Background of the Case
A Kildare tenant has been awarded €23,000 in compensation after his landlords discriminated against him by refusing to complete Housing Assistance Payment (HAP) forms and later issuing eviction notices.
In a recent Workplace Relations Commission (WRC) decision, William Gallagher brought a complaint against his landlords, Jenny Brennan and Matthew Hannigan, under the Equal Status Act 2000. Mr Gallagher had requested that his landlords complete the HAP documentation, but they refused — claiming they intended to sell the property and therefore saw “no point” in participating in the State scheme.
2. Retaliation After Legal Action
When Mr Gallagher pursued the matter legally, he received an eviction notice just eight days later, followed by two more in the months that followed.
The adjudicator, Valerie Murtagh, ruled that the landlords had discriminated and victimised Mr Gallagher due to his reliance on State housing support.
3. Financial and Personal Impact
The WRC found that Mr Gallagher had suffered significant financial strain, paying more than €15,000 in rent that should have been covered by HAP during the 15-month delay.
He was awarded:
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€15,000 for discrimination — the legal maximum allowed under the Equal Status Act, and
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€8,000 for penalisation due to the retaliatory eviction notices.
4. Legal Significance of the Ruling
This case serves as a vital reminder that refusing to accept HAP tenants is unlawful under the Equal Status Act 2000, which protects individuals from discrimination based on their housing assistance status.
Landlords who refuse or delay completing HAP forms not only breach equality law but also risk significant financial penalties and reputational damage.
5. How Ormonde Solicitors Can Help
At Ormonde Solicitors, we help clients across Ireland navigate housing, tenancy, and discrimination disputes with empathy and expertise.
Whether you’re a tenant facing unfair treatment or a landlord seeking guidance on your legal obligations, our experienced legal team can support you every step of the way.
📞 Contact us today for confidential guidance.
Disclaimer: This article is for general information purposes only and does not constitute legal advice.
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