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IHREC role in Supreme Court tenancy case

The Supreme Court has granted the Irish Human Rights and Equality Commission (IHREC) leave to exercise its amicus curiae (‘friend of the court’) function in a case that deals with tenancy law.

A child and the child’s aunt, ZG and EW, are appealing a High Court ruling on the constitutionality of section 39 of the Residential Tenancies Act 2004 as applied to a child.

The child lived with their mother as a one-parent family, in an apartment rented from an Approved Housing Body, Clúid Housing. The child’s mother died suddenly in July 2023.

As the child was not yet 18 years old, they were told that they did not come within the list of eligible people who may inherit a tenancy under the 2004 act.

Difference in treatment ‘lawful’

In September 2023, Clúid Housing sought to end the tenancy, and the child has lived with their grandparents ever since.

A case was taken challenging the constitutionality of section 39 of the 2004 act, but the High Court decided that the difference in treatment between the child and a person over 18 seeking to inherit a tenancy under section 39 was lawful.

The child and their aunt are appealing this decision to the Supreme Court.

As amicus curiae, IHREC will assist the court in its consideration of the High Court’s ruling, with reference to the relevant national and international law.

“This case is not only of immense importance to the applicants, but also to the future interpretation of human rights and equality law, as it applies to children,” said IHREC chief commissioner Liam Herrick.