Courts / Dublin / Report

Discrimination claim against landlord who asked tenant to move over safety concerns is rejected

Date
2023-12-21

Stage
Hearing Or Decision

Primary locality
Dublin

County
Dublin

Summary

In a 2023 Workplace Relations Commission hearing, landlord Brendan O'Brien successfully defended a discrimination claim brought by pregnant tenant Megan Kenna under the Equal Status Act 2000. Kenna alleged that her tenancy at an apartment in Howth, Co Dublin, was terminated because of her gender and family status, and that she and her husband were bullied and threatened. O'Brien argued that his request for Kenna to move to a different apartment was based on genuine health and safety concerns about a spiral staircase that could not safely accommodate a baby or a buggy. He offered alternative accommodation, which Kenna deemed unsuitable. The WRC disregarded secret recordings of meetings with O'Brien, noting that the recordings were made covertly and that the landlord's statements were not evidence of discrimination. The tribunal concluded that the landlord's actions were not discriminatory and rejected Kenna's statutory complaint.

Who, what, where, when and why

What: Report matter: Discrimination claim against landlord who asked tenant to move over safety concerns is rejected. Procedural stage: hearing_or_decision

When:

9 April 2022 Other
2023-12-21 Publication

Why: A landlord who asked his pregnant tenant to change apartments because he had "genuine health and safety concerns" about her current flat has successfully defended a discrimination claim. CNI source report