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Family brings High Court action over HAP payments for parking space and service charges

Summary

Emmanuel Foley and Jeanette Afi Aboni, applicants residing at Cruise Park, Tyrrelstown Dublin, have brought a High Court action against Dublin City Council (DCC) regarding Housing Assistance Payment (HAP) contributions. The family, who have lived at the property for nearly four years, alleges that DCC reduced its monthly payment to the landlord, Orkstake Limited, from approximately €2,000 to just over €1,640. This reduction was implemented because DCC refused to cover €300 for a car parking space and €85 for service charges, which are included in the lease. The applicants claim DCC acted unlawfully and unreasonably, asserting that the council was aware of the lease terms in 2020 and that the charges are non-severable. Following a notice of termination issued by the landlord in April due to alleged arrears of over €1,300, the family fears homelessness. The applicants seek orders quashing DCC's decision to limit payments and compelling the council to pay the full HAP amount. They also seek declarations that DCC's actions were unlawful and that the family has a legitimate expectation of full payment. The matter was heard on an ex-parte basis by Ms Justice Niamh Hyland, who granted the applicants permission to bring the action. The case is at the pre-trial stage and was adjourned, with the matter set to return before the court next month.

Who, what, where, when and why

What: Report matter: Family brings High Court action over HAP payments for parking space and service charges. Procedural stage: charge_or_pretrial

When:

• 2024-06-18 Publication

Why: A family which fears being made homeless has brought a High Court action aimed at compelling Dublin City Council to resume paying the entirety of their Housing Assistance Payment, after the council reduced the contribution because the lease encompassed a car-parking space and service charges as well as rent. CNI source report

Case subjects

Places mentioned

Topics

Stage Charge Or Pretrial

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Read the original CNI report