The Workplace Relations Commission has ordered an estate agent to pay compensation for refusing to show an apartment to rent to the complainant on the basis that he was in receipt of rent allowance. It was held that the estate agent was in breach of the Equal Status Act 2000 (the ‘Act’), which was revised as of January 1 2016 to include the provisions that providers of accommodation services are prohibited from discriminating against someone on the ‘housing assistance ground’, i.e. on the grounds that they are in receipt of –
The complaint was made on the basis that when an enquiry was made about viewing an apartment for rent advertised by the estate agent, the complainant was told that rent allowance was not accepted. It was argued that this constituted discrimination on the rent supplement ground. Counsel for the complainant submitted that at the time, he was living in cramped conditions with his pregnant wife and child. The estate agent argued that he was acting on the instructions of the landlord, whose insurance company would not accept rent allowance as valid income.
The adjudicating officer was satisfied that the letting agent was a service provider within the meaning of S. 6(1) of the Act. Further, it was clear and undisputed by the respondent letting agent that the refusal to show the complainant the apartment, was based solely on the fact the complainant was in receipt of rent allowance. In reaching this decision the adjudicating officer found the estate agent could not rely on the defence that he was acting under the instructions of his landlord client. In terms of basic contract law, if an act is illegal under statute, then a contract to do that act will also be illegal and unenforceable. The Workplace Relations Commission held in favour of the complainant and ordered the estate agent to pay him €1,500 for having been discriminated against.
The Irish Human Rights and Equality Commission (IHREC) initiated a campaign to inform prospective tenants that if discriminated against on this ground, or on any of the other grounds in the Equal Status Act, they can take a claim to the Workplace Relations Commission. The Workplace Relations Commission has to power to grant awards of up to €15,000 under the Equal Status Acts.
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