The Irish High Court has ruled that a landlord who reported child protection concerns to Tusla and the HSE could rely on qualified privilege in defamation proceedings brought by former tenants.
The tenants lived in the landlord’s property for a period for a year and a half. When the property was handed back, the landlord discovered damage and refused to return the deposit. The tenants brought a complaint to the Private Residential Tenancies Board (PRTB), which held that the landlord could retain half of the deposit to pay for the damage. In the meantime, the landlord believed that the damage done indicated “aggressive behaviour” within the household and reported the tenants to Tusla and the HSE. In particular a vent had been inserted in the door of the hot press, which the landlord believed was used to detain the tenant’s autistic child for disciplinary purposes. An investigation was conducted which found there was no case to be answered. The tenants then brought defamation proceedings as they believed the complaint was motivated by malice.
The Court found that the statements made by the landlord were defamatory under the Defamation Action 2009, therefore the issue was whether the landlord’s communication with the social worker was protected by qualified privileged under section 18 of the Defamation Action 2009. There was evidence that the landlord had been in contact with various services prior to the PRTB proceedings, which satisfied the Court that the landlord acted honestly and in good faith in bringing her concerns to Tusla, and as such she was entitled to rely on qualified privilege. The landlord was also afforded protection by section 3 of the Protections for Persons Reporting Child Abuse Act 1998 where acting reasonably and in good faith.
Click here for the judgement in RP and JP v BK.