advice for a tenant please

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  • advice for a tenant please

    I need to pick your brains please!

    My daughter is 4 months pregnant and on job seekers allowence, she has seen a 1 bedroom flat that she would like to rent, the trouble is that it states no children, she hasnt got any children yet as the child isnt born.
    The reason she is going for a 1 bedroom is because untill the baby is born she cant get LHA rates for a two bedroom flat or house so cant afford a 2 bed place. She will be ok in a 1 bedroom flat untill the baby is around 6 months old and would then need to have its own room. So in effect she could quite happily live in a 1 bedroom place for the next 12 months.

    My question is what will happen when the landlord finds out she is pregnant and there is a baby in the flat, could he throw her out because she has broken the lease, would she loose her bond? etc hoping that the landlord would be ok and think to himself that hes got a tenant paying rent for 12 months so that must be good??

    Please any thoughts or advice on this situation would be very much welcomed

  • #2
    Best: as L's concern is probably noisy children running around, tell L that T's pregnant. It'll be a year or two until the running-around begins!
    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
    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).


    • #3
      I agree. Discuss and be open and honest with the LL.


      • #4
        If it's a flat, the landlord's lease may prohibit causing a noise nuisance and it's possible that the building's sound insulation is poor. A screaming baby could cause a noise nuisance and put LL in breach of his leasehold covenants.

        Alternatively, LL may be more concerned about toddlers scribbling on the walls etc. in which case a baby wouldn't be a problem.


        • #5
          Subject to your daughter's age, may I suggest she looks for an appropriate size property for her long term interests.
          Whilst she may get LHA for either a single room or a 1 bed flat (Age question see) she should be a good case for Discretionary Housing Payments for a 2 bed be property, based on a foreseeable change in her circumstances and need.

          She may need to speak to her homelessness department to establish the need for her own place, and she would be advised to speak to her HB section first as well.

          She wont be given a definite decison, because the fund is discretionary, but if homeless dept are involved I would be astonished if it didnt happen.

          She may also be better waiting until after April 5th when the new DHP fund is calculated athough the LHA figure may be different then. HTH
          Lurking for over a year.......


          • #6
            Thanks for your advice, at the moment shes not got the flat yet and i think what we will do is take the flat on and then after a few weeks tell the LL shes just found out shes pregnant, i dont want to spoil her chances of getting the flat because its perfect for her and the other flats in that price range are not as nice.

            I have another question, shes going for this flat in her name only but her boyfriend intends to move in with her a month later, does anyone know if that would be a problem because his name would not be on the lease? When they come to claim housing benefit would his name have to be on the lease for them to claim it as a couple?
            It may all sound a bit dodgy buy I dont want his name on the lease, i want it to be her home as its her money that is going into the bond and rent and if im honest I dont expect him to stick around once this baby is born...

            Thanks again for taking the time to reply


            • #7
              Your daughter would need to inform the LL and obtain permission for boyfriend to live in the property as he is not a guest then. Up to LL to give permission or otherwise.

              If she is claiming HB, it definitely matters as LL would be obliged to report change in her circumstances.


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