Dáil Éireann Debate, Tuesday - 12 June 2018
1198. Deputy Clare Daly asked the Minister for Employment Affairs and Social Protection the steps that a tenant can take if a landlord refuses to sign supplementary rent forms, SWA RS1; and if she will make a statement on the matter. [24722/18]
View answerRent supplement plays a vital role in housing families and individuals, with the scheme supporting approximately 30,000 recipients for which the Government has provided €180 million for in 2018.
Under the legislative provisions governing rent supplement the Department’s sole relationship is with the tenant; the tenant makes the application to the Department and the payment is made directly to the tenant for their accommodation needs. There is no contractual relationship between the landlord and the Department. The tenant’s engagement with the Department usually takes place after they have reached an agreement with their landlord regarding their tenancy arrangement. If a landlord refuses to complete the required section of the SWA RS1, which provides the basis for proving the existence of a tenancy, rent supplement cannot be awarded.
If a landlord is considered to be acting discriminatorily by a tenant/ prospective tenant, e.g. refusing to sign a SWA RS1 where a tenancy had been nominally agreed / or already in place, s/he does have recourse to remedy under the Equal Status Acts 2000–2015. Under this Act, a person cannot be discriminated against by a landlord on the basis that they are in receipt of rent supplement; the housing assistance payment scheme; or any other social welfare payment. For further information, including access to support services for tenants who feel they have been discriminated against due to their dependence on rent supplement for their housing needs, the Deputy is directed to the Irish Human Rights and Equality Commission - www.ihrec.ie.
I trust this clarifies the matter for the Deputy.
