Rental discrimination: ‘I am very stressed - Wayne has hardly slept in weeks’

Illegal for landlord to discriminate on basis of being in receipt of rent allowance or HAP

Jane Harvey and Wayne Scott at their rented home in Balbriggan. Photograph: Alan Betson/The Irish Times
Jane Harvey and Wayne Scott at their rented home in Balbriggan. Photograph: Alan Betson/The Irish Times

Jane Harvey (33), her fiance Wayne Scott and their three children, aged 7-14, face homelessness next month.

The landlord has given them notice to quit their home in Balbriggan, Co Dublin, next month.

Wayne (43), lost his job as a scaffolder during the recession. He had what appeared to be a stroke in 2014, which left him semi-paralysed on one side. An MRI, however, revealed a large brain tumour.

Surgery in October 2014 to remove the tumour left his skull significantly weakened. Part of it is now missing. Wayne was due to have metal plates inserted in his skull in September 2015, but the surgery was cancelled and he remains on the waiting list.

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“He is terrified all the time of anyone or anything banging against his skull, because that could kill him,” says Jane. “We can’t share a bed any more in case I’d touch off his skull in the night. So he sleeps downstairs where he can get to the bathroom and feel safe.

“The landlord, in fairness, put off evicting us for a year because of the situation. But he needs to sell the house and we have to be out by April 9th.”

Cannot work

The family is in receipt of rent allowance because Wayne cannot work and Jane is his full-time carer.

“I looked and looked for somewhere else,” she says. “But there was nothing within the rent cap, which is €950 a month in this area.”

Threshold advised her to apply to her local authority for the Housing Assistance Payment (HAP), which is paid at a higher rate. In addition, the deposit would be paid and rent would be paid directly to the landlord.

Jane contacted landlords and letting agents about properties they could afford – up to €1,400 a month. When she asked whether rent allowance or the HAP was acceptable, she was repeatedly told: “Sorry, no”.

She shows texts she has sent to three separate landlords or agents asking whether they accepted HAP or rent allowance. The replies back are: “Sorry no”; “Unfortunately no rent allowance accepted” and “Unfortunately the landlord does not accept rent allowance.”

‘Didn’t pay’

“I asked one what the problem was. They said they had had rent allowance tenants before who didn’t pay their rent. I said I had references from previous landlords, from the current landlord, showing we had always paid our rent in full and on time, but they just said they didn’t want the hassle.

“I can’t see the problem,” Jane says. “To be honest, I think it’s just the stigmatisation of people on rent allowance and HAP.”

Since January 1st, it is illegal for a landlord, letting agent or advertising site to discriminate on the basis of being in receipt of rent allowance or HAP. It is also illegal to refuse to allow a person in receipt of rent allowance or HAP to view a property.

“It is hard keeping it all together,” says Jane.

“Wayne can’t be in a confined space like a hostel, or on the streets. I am very stressed and Wayne has hardly slept in weeks.”

Kitty Holland

Kitty Holland

Kitty Holland is Social Affairs Correspondent of The Irish Times