A fearful household has instigated a High Court case in effort to force Dublin City Council to meet the complete Housing Assistance Payment (HAP) requested by their private landlord. Part-time warehouse worker, Emmanuel Foley, and homemaker Jeanette Afi Aboni took the action for themselves and their three offspring. Their home for the past four years has been in Cruise Park, Tyrrelstown, Dublin, following a period of emergency housing.
The family is facing the threat of eviction as they claim the council is failing to pay the full €2,000 monthly rental under the HAP scheme, to their landlord, Orkstake Limited. Alongside the council’s contribution, the family provides €350 towards their monthly rent.
The family insists that last year, the council alerted the landlord’s representatives, Home Club Limited, that they were overpaying, and subsequently, began to contribute only €1,640 per month. The family, guided by Michael O’Connor SC and solicitor Siúna Bartels, are still seeking clarity on the legal foundation for this decision.
In written communication between the council and the family, the council indicated it would refrain from paying an extra €300 for parking and €85 for service charges that the landlord was requesting, even though these fees are included in the rental agreement.
Earlier this year, the council’s HAP office allegedly told the family the 2020 tenancy agreement rental cost was inaccurate as it included parking and utilities. The council also theorised that if the correct rental amount had been established in 2020, they may have deemed the arrangement unaffordable. It was only during a subsequent rent adjustment requested by the landlord that the council found what they consider to be the “actual rent figures”.
The anxious family now faces potential homelessness after a tenancy termination notice was issued by their landlord in April, due to expected rental arrears of slightly more than €1,300.
The petitioners attempted to negotiate issues with their property owner, suggesting the sacrifice of the car park allocation. However, the property owner insists that the services and parking fees cannot be separated from the rental contract.
As part of their legal endeavour, the family alleges that the local council is feigning unawareness of the fees, employing an illogical and unfound position which threatens to leave the family without a home.
The petitioners argue that the local council was fully aware in 2020 of the situation surrounding the rental contract and the indivisible aspect of the parking lot.
In the prevailing housing market, according to the family, locating alternative accommodation would be incredibly challenging.
When moving against the council, the family is asking the court for different rulings and proclamations, including a ruling that overturns the council’s decision to contribute only up to €1,644 per month under the HAP scheme. They also demand that the council be forced to cover the full amount.
Ms Justice Niamh Hyland presided over the hearing and granted the petitioners the right to proceed with their case on an ex-parte basis.
The issue is scheduled to be brought back to court next month.