Wife is 5 months pregnant - no children without consent

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    Wife is 5 months pregnant - no children without consent

    Hello,

    I apologise if this has already been posted previously.

    Basically my wife and I have just moved into a 1 bedroom which is fairly large, and will have plenty of space for a baby until they are at least 1.

    My wife is 5 months pregnant, but we didn't really think of mentioning this when we signed the agreement as we did not think it would be a problem. The advert online didn't say no children. However we have noticed the contract states no children without the landlord's consent.

    Do you think we need to inform the agent of the baby, and also if the landlord didn't want a baby there, would they have any grounds to evict us within our 12 month tenancy period?

    Thanks,
    Dan

    #2
    Why the f**k does the landlord think it's any of their business whether their tenant have a kid or not?

    No, they can't evict you within your fixed term for the reason of pregnancy as attempting to do so is clearly unlawful discrimination under the Equality Act 2010. Nothing stopping them serving a section 21 notice to expiry at the end of that 12 months and then go to court to evict you for "no reason", but that would take a good few months.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    Comment


      #3
      I don't know! Just to find a property that didn't say 'no children' on the advert was so hard!

      Okay thank you, I was hoping someone would say that! So we will be safe for the full 12 months?

      Comment


        #4
        Congratulations on your impending arrival!

        Can you kindly quote the EXACT wording of the "no kids" clause, please? (Any clown that put such a clearly illegally discriminatory clause in is likely to get the wording wrong).

        But no, you are safe for the full term, as long as there is no "break clause".

        No judge would evict for any illegal discriminatory reason (eg "You're out, f*lthy Engl*sh scum" ....)
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          I'm not surprised that advert didn't say "no children".
          That would be illegal.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            The smart landlord would merely note "maximum occupants are nn.." due to space & overcrowding...
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Well, it's pregnancy and maternity (up to 26 weeks after birth) that's the protected characteristics, not the presence of kids. But yes, as theartfullodger suggested, depending on wordings the whole clause may well be uneforceable for unfairness under consumer laws.

              *Assuming not lodging with the landlord.
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              Comment


                #8
                Apart from the incessant screaming of babies (I generalise), kids aren't a problem until they become mobile and can hold crayons. They then remain a problem until they're about 30.
                Landlords aren't keen on children due to the extra 'accidental damage' of broken doors, ripped wallpaper, handprints etc.
                No judge will evict you on a breach due to a child appearing half way through a tenancy. They might terminate a tenancy under S21 but seemingly that's no-ones fault, simply an end of contract.
                I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

                Comment


                  #9
                  It would have to be a very specific ad - "No children aged nine months or above".
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment

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