Ruling may deter avoidance of housing assistance scheme

The Citizens Information Board believes a ruling that three tenants suffered discrimination by being refused access to the housing assistance payment (HAP) will deter other landlords from seeking to shy away from the scheme.

Ruling may deter avoidance of housing assistance scheme

The Workplace Relations Commission ruled that the three tenants had been discriminated against under the Equal Status Act on the grounds of housing assistance, a provision added to the law at the beginning of last year.

The case was brought with the support of the Free Legal Advice Centres (Flac) and the Citizens Information Service, the latter of which said it had dealt with more than 9,000 queries in relation to HAP in the first half of this year alone.

The HAP scheme is designed to replace rent supplement and, unlike rent supplement, allows people who meet the criteria to work full-time while receiving the payment to help pay the rent. The balancing payment is made by the relevant local authority directly to the landlord.

Gráinne Griffin, advocacy manager with the Citizens Information Board, said there was no reason for landlords to try and avoid the scheme.

“It’s a really progressive change and a positive move,” she said of HAP.

Ms Griffin said stigma was possibly still an issue as to why some landlords were wary of becoming involved, and added “sometimes it is possibly just a fear factor” with landlords unsure of changing from the rent supplement scheme.

“We are hoping that the ruling will provide the clarity that is needed.”

Angela Black, CEO of the Citizens Information Board, said the new ruling should deter landlords from trying to avoid cooperating with the scheme.

She said the Citizens Information Service had a total of 95,000 housing-related queries last year, of which 15,000 related to the private rented sector. Ms Black also said the service was available to assist any landlords who had concerns or needed more information about the operation of HAP.

Stephen Faughnan, the chairman of the Irish Property Owners Association, said the HAP was not flawless and that the amount of money awarded should also be reviewed.

“Having read the decision, it appears that the legislation was upheld, and the holding of the hearing was justified,” he said.

“However, the monetary settlement sets a precedent for future cases that may be worth a review.

“Nonetheless, HAP can expose a landlord to serious losses and experience has verified this situation, ie if a tenant under the HAP does not pay their share of the rent to the local authority, the local authority ceases payment to the landlord of the rent, leaving the landlord exposed, and having to exercise the only option open to them — to take a case against the tenant, to pursue the recovery of still mounting arrears, to the dispute resolution mechanism of the RTB, which can take six to 12 months and beyond.

“This may leave the landlord in the unfortunate position that he may have to fund 12 months plus rent and expenses, which he may never recover. If a tenant does not pay their portion to a local authority in the first place, it is unlikely that they will pay the landlord on foot of a determination order.”

More than 25,000 households around the country are being supported by the HAP scheme.

more courts articles

Man (25) in court charged with murdering his father and attempted murder of mother Man (25) in court charged with murdering his father and attempted murder of mother
Man appears in court charged with false imprisonment of woman in van Man appears in court charged with false imprisonment of woman in van
Man in court over alleged false imprisonment of woman Man in court over alleged false imprisonment of woman

More in this section

Irish homelessness Government criticised for missing social and affordable housing targets
National Risk Assessment for Ireland Tánaiste urges Israel ‘to show humanity’ and allow more aid into Gaza
Lego set based on RNLI lifeboat could soon become a reality Lego set based on RNLI lifeboat could soon become a reality
War_map
Cookie Policy Privacy Policy Brand Safety FAQ Help Contact Us Terms and Conditions

© Examiner Echo Group Limited