Can lease covenants prohibit children in these flats?

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    #16
    Originally posted by Poppy View Post
    Oh boy, neither your freeholder nor your new tenant are happy with you. Watcha gonna do?
    Well the tenant doesnt have children so I can't see the problem.

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      #17
      Either your freeholder or your tenant will give you the problem. I'm guessing it’ll be your freeholder.

      You are potentially in breach of the lease, it sounds like your freeholder will not allow you to forget that.

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        #18
        Originally posted by Poppy View Post
        Either your freeholder or your tenant will give you the problem. I'm guessing it’ll be your freeholder.

        You are potentially in breach of the lease, it sounds like your freeholder will not allow you to forget that.
        I've not breached anything before, but what can they actually do?

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          #19
          I foresee an expensive visit to the LVT in your future, where they tend to take a dim view of deliberate lease breaches !

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            #20
            Originally posted by Soled73 View Post
            I've not breached anything before, but what can they actually do?
            You mean, besides:
            a. seeking an Injunction;
            b. threatening forfeiture;
            c. claiming damages; or
            d. lumbering you with all litigation costs?
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

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              #21
              And that's just the freeholder. What if the tenant takes a dim view about a possible early eviction and seeks compensation for expenses, etc. ?

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                #22
                The consensus seems to be that such a clause would be valid and enforceable notwithstanding that it might operate in a discriminatory fashion.

                The key point is that the law does protect against discrimination but only on certain grounds, ie race, religion, sex, sexuality, disability etc. It does not apply a "blanket" discrimination test because discrimination in itself is merely about treating people differently and there are situations where different people will be treated differently because of other circumstances.

                For example, there is a saying - "Justice is open to all, like the Ritz Hotel". The irony in the saying being of course that although anyone can hypothetically take a dispute to the courts, not everyone can afford it.

                That means that in effect, the justice system is discriminatory since it relies, to a large degree, on deep pockets. But that does not mean that the system is illegal. Likewise any aspect of modern living which some can afford and some can't is inherently discriminatory but unless we wish to abolish capitalism then necessarily some people will have more money than others.

                But I'm going off on a tangent. The issue here might be whether this clause discriminates unfairly against one or more of the aforementioned categories of persons.

                There is an argument that statistically at least, a heterosexual couple are much more likely to have a child than a homosexual couple. There is an argument therefore that the policy of permitting couples without children but not those with children accordingly unfairly discriminates against heterosexual couples. It goes against the norm that the majority category is in the position of being discriminated against, but there's no reason why the law cannot apply in this way.

                A clause in a contract or lease for that matter can be held void and unenforceable on grounds of public policy, and it might be argued that discriminating against certain individuals in this way, notwithstanding that such discrimination does not necessarily go as far as constituting an offence under the relevant discrimination Acts, is contrary to public policy since it is artificial social engineering, inhibiting free and diverse integration. That's just an opinion, however, and I won't pretend that I have a complex knowledge of the criteria applicable in such cases.

                As a final word, I am struggling to envisage a court throwing a couple with a child, or a single parent and child, out of their home, simply because of the fact of the child existing. If the child is causing a nuisance, that's another thing. But simply to say that the child should not be there, when the parent(s) is/are paying the rent, being good neighbours and not causing any problems for anyone, would not be sufficient justification to make someone homeless, and potentially place additional burden on the State.

                Tanel.

                __________________________________
                I am happy to share my thoughts and opinions based on my general legal knowledge and experience in the hope that it might be of some use, but I accept no liability for such information and it should not be taken as legal advice.

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                  #23
                  Originally posted by Tanel View Post
                  For example, there is a saying - "Justice is open to all, like the Ritz Hotel". The irony in the saying being of course that although anyone can hypothetically take a dispute to the courts, not everyone can afford it.
                  Yes- see my post #52 on http://www.landlordzone.co.uk/forums...581#post144581
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment

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