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Landlord wins HAP discrimination case over delayed application

By Cathal Brosnan

Historic decision · Decision date:

Place: no local area assigned from the source.

A Workplace Relations Commission adjudicator found that landlord James Martin C/O Cathal O Dea did not discriminate against tenant Michael Powell over a delayed Housing Assistance Payment (HAP) application. The decision was dated 12 January 2024.

Powell said Martin failed to complete the paperwork despite repeated requests. Martin said he was waiting for documents from the previous owner before submitting his part of the application.

The adjudicator accepted that purchase documents could still be outstanding and noted that Powell paid €120 a month, the difference between the €600 rent and expected HAP payment. The decision found Powell had not established a prima facie case of discrimination and that Martin had not engaged in prohibited conduct.

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