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15-03-2019, 21:04   #1
Wheres Me Jumper?
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LL fined for refusing HAPs tenant.

Looks like this lady discriminated against a HAPs recipient and rightly paid the price.
Judge Groarke said he was not satisfied the intention of the Prendergasts was to discriminate against Mr Keogh or anybody else receiving HAP.He observed it was the first time they had rented the property and there was “a quagmire of legislation”, which they were not familiar with.
“But unfortunately the law says that people are presumed to know the law and must act within the law whether they know what it is or not,” the judge said.
“I think that this was probably a human error, a human mistake on the part of the Prendergasts and they had no particular intention to treat anybody in a discriminatory fashion,” he said.
“I don’t think there was any mala fides on their part. I don’t think they are that kind of people. However, there was discrimination,” the judge added.


https://www.independent.ie/irish-new...-37917940.html
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15-03-2019, 21:16   #2
gar32
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This is happening to most people on the HAP I am sure. She sent an email stating "no HAP". I am sure most LL just don't answer or say sorry place it taken.

The governments polices need to change so housing is not in the mess and with the crazy prices they are today.

LL only want a tenant that looks after they place while they live there. It's more like a job interview then a right these days. More housing needed get on to your TD to complain please !!!
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15-03-2019, 21:18   #3
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She prob thought she was doing the right thing sending a polite response, lesson learnt she will just pick one person and ignore the others from now on.
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15-03-2019, 21:27   #4
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as a LL i think it's only right and proper that you decide who you wish to let your property. although i can see certain lefty politicans in this country trying to take that right from LLs if they had their way.
certainly she was foolish to state "No HAPs"
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15-03-2019, 21:57   #5
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I dont mind HAP per say but what I dont like is that the inspection happens after agreeing to HAP. If the inspection fails (and I've heard some horror stories) the LL doen't get paid.

The whole system is a mess.
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16-03-2019, 12:30   #6
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personally i dislike smokers.
would i be breaking the law by advertising "Non Smokers only"?

likewise dog/cat/snake/rabbit owners
is it illegal to exclude these categories of tenant?
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16-03-2019, 13:14   #7
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Did anyone actually read the article? She wasn't trying to discriminate, the daughter thought that they were unable to accept hap tenants as they were not registered. The judge accepted that but indicated ignornance of the law is not an excuse.
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16-03-2019, 13:42   #8
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If the daughter had stated that they were not accepting HAP because they were as yet unsure of the rules and regulations regarding the system, Id say the judgement might have been different. Her statement was polite but gave no valid reason, thereby making it look like a flat refusal.
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16-03-2019, 13:50   #9
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I am so glad my tenant has found somewhere else, the relief of getting the property back.

Every home owner should have the right to let their house to whoever they want, they are the ones at a financial loss if the tenant turns out to be a filthy dead beat and the Government wont fund your legal costs in getting them out. Lazy layabout tenant will be on free legal aid and he wont care if costs are awarded against him, he doesnt pay any bills, never has and never will.

Can you imagine any judge letting their property to someone on HAP, give me a break. If someone has a good record and is on HAP that is very different to letting your property to someone who has no employment record and no reputation to care about.
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16-03-2019, 15:25   #10
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Quote:
Originally Posted by Garibaldi? View Post
If the daughter had stated that they were not accepting HAP because they were as yet unsure of the rules and regulations regarding the system, Id say the judgement might have been different. Her statement was polite but gave no valid reason, thereby making it look like a flat refusal.
The judgement would have been the same. You either discriminate or not.
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16-03-2019, 16:17   #11
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I’ve said it till I’m blue in the face. If you’re going to be a landlord you have to be wearing your business hat from the very start. Don’t try to fool yourself or anyone else that you're entering this business to be philanthropic. You’re doing it to make money. Totally familiarise yourself with all your rights and obligations before you start and those of your tenants.
If you don’t like it then don’t start to go down that road. If you want to plough ahead then do but don’t try to say afterwards that you didn’t know what you were getting into.

Last edited by splinter65; 16-03-2019 at 17:01.
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16-03-2019, 16:46   #12
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Quote:
Originally Posted by Cuddlesworth View Post
The judgement would have been the same. You either discriminate or not.
ignorance of the law is .....
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16-03-2019, 17:23   #13
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I was refused a rental on these grounds. all was grand until I mentioned HAP. which they called rent allowance. her face fell..they then emailed me " rent allowance does not suit my husband and I." They clearly had no idea it was discrimination.

flac offered help, but the house was not great and i did have others to see.

Last edited by Graces7; 16-03-2019 at 17:29.
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16-03-2019, 17:25   #14
Samuel T. Cogley
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Quote:
Originally Posted by Garibaldi? View Post
If the daughter had stated that they were not accepting HAP because they were as yet unsure of the rules and regulations regarding the system, Id say the judgement might have been different. Her statement was polite but gave no valid reason, thereby making it look like a flat refusal.
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Originally Posted by Cuddlesworth View Post
The judgement would have been the same. You either discriminate or not.
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Originally Posted by Wheres Me Jumper? View Post
ignorance of the law is .....
The Judge reduced the WRC fine precisely because he thought this was done due to ignorance and without intent no?
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16-03-2019, 17:50   #15
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The Judge reduced the WRC fine precisely because he thought this was done due to ignorance and without intent no?
yes that would appear to be the case.
but that doesn't absolve her.
she STILL acted ILLEGALLY.

personally i think there should be an allowable defence of Gross Stupidity
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