A landlord has been directed to pay €15,000 in compensation to a Romanian tenant who was forced into emergency accommodation after he declined to accept a Housing Assistance Payment (HAP) to help cover her rent, reports Breaking News.
The Workplace Relations Commission (WRC) found that landlord Sherman Chan had violated the Equal Status Act 2000 by discriminating against the tenant, Olga Burla.
Mr Chan denied any discrimination and argued that his actions were a reasonable response to multiple complaints regarding anti-social activity in the apartment.
According to the WRC, Ms Burla—originally from Romania—began renting the property in January 2022, paying €1,650 per month, reports Breaking News.
Following a shift in her family situation that left her a single mother, Ms Burla needed financial assistance with her rent starting in January 2024.
She told the WRC that when she approached Mr Chan in April 2024 to apply for HAP, he refused, saying he planned to sell the property.
Text message exchanges presented to the WRC showed Mr Chan also expressed concern that accepting HAP would lower the property’s market value, reports Breaking News.
Despite the financial strain, Ms Burla continued to pay rent while managing both her job and childcare responsibilities.
In January 2025, she said Mr Chan once again rejected the idea of accepting HAP, and she received a valid notice to quit that same month, reports Breaking News.
She had earlier been issued two other notices to quit, both of which had been deemed invalid by the Residential Tenancies Board.
The WRC heard that Ms Burla moved out of the apartment in August 2025 and is currently staying in emergency accommodation.
During questioning, Ms Burla acknowledged that the landlord had received complaints about her conduct, but insisted that some neighbours simply did not want her in the building, reports Breaking News.
She said she had never been served a notice to quit over alleged anti-social behaviour.
A representative from housing charity Threshold, speaking on Ms Burla’s behalf, told the WRC the tenancy had gone unregistered for two years, reports Breaking News.
It was argued that the landlord’s refusal to engage with the HAP process amounted to discrimination, leading to serious stress and hardship, with Ms Burla suffering overall losses of €22,109.
Mr Chan testified that in January 2023, the property management company complained about Ms Burla making excessive noise at all hours.
He cited a serious incident in September 2023 involving her daughter, during which Ms Burla apologised for her children’s actions, along with another complaint made in December 2023, reports Breaking News.
He said he issued the first notice to quit in January 2024 with the intention of selling the property.
Mr Chan explained that he did not list anti-social behaviour as the cause to give her a more favourable, longer notice period, reports Breaking News.
He believed that accepting HAP would result in the local authority taking over the tenancy, forcing him into a new lease with the council, thereby devaluing his property.
He told the WRC he later learned, through legal advice, that this belief was incorrect.
Mr Chan also admitted he lacked knowledge of how HAP worked and was confused when Ms Burla initially asked him to participate in the scheme, reports Breaking News.
His solicitor, Denise Biggins, said Mr Chan was new to the rental market and had acted with kindness, refraining from citing anti-social behaviour in the notice to quit, and allowing weekly rent payments.
The WRC heard that Mr Chan only registered the property with the RTB in 2024, reports Breaking News.
WRC adjudication officer John Harraghy ruled that the text messages provided clear evidence Mr Chan had repeatedly refused to accept HAP.
Mr Harraghy noted that while Mr Chan was unfamiliar with rental regulations, “ignorance of the law was no excuse.”
He described Ms Burla’s account as “credible and cogent”, but also acknowledged the landlord’s “well-intentioned” conduct toward her, reports Breaking News.
However, Mr Harraghy concluded that there was no justifiable reason for Mr Chan’s refusal to participate in the HAP scheme.
Due to the stress and hardship experienced by Ms Burla, the WRC awarded the maximum compensation of €15,000 under the legislation and directed that it be paid within 42 days, reports Breaking News.
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