Tennant in HMO pregnant... bit of advice?

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    Tennant in HMO pregnant... bit of advice?

    Hello there,

    I have a 4 room HMO, in which 1 room is to a housing benefit lady (she moved in January 2010 and is a great tenant). I get padi by "Rent Aid" a government backed scheme, so no issue in obtaining rent.

    She has just advised me that she is pregnant, and asked if it was okay for her to stay for now. She did say "for now", so I assume she knows she could not stay in her room after having the baby, if only because it's too small for her and a baby and I cannot go above 4 people in the property under the regulations!

    Of course I will do everything I can to help. However, I want to be proactive and helpful, yet I do not know the best approach.

    I am thinking:

    (1) Find out when she is due and issue (after mutual discussion) a letter in advance confirming she can stay shortly before that date (if this is another 6 months so be it). I guess it's a good idea to do this in advance so we both have a date in our minds, or is it better I leave things as they are and we do this around 2 months before that date? Clearly if she finds a room earlier I would let her go early without penalty!

    (2) I want to then help as best I can. Can anyone offer any advice on what she should do? I guess she should speak to Hemel council and request they find her a suitable property of the right size?

    Update: Thinking again, I think I need to "kick her out" as the Council will not consider housing her while she has a home?

    Any advice or pitfalls you can see would be much appreciated??

    #2
    You will have to "kick her out" using s21 - just because you go over the 4 people, that doesn't mean she has to go without a court order. Your problem, not hers.

    I am not convinced that the licensable HMO definition counts children under a certain age as occupants. Certainly, you have no need to worry about overcrowding as a child under 1 counts as 0 persons and a child under 10 can share with an adult providing the room has a floor area of at least 90ft┬▓

    I would take legal advice, to ensure you are not seen to be evicting her because of her sex (ie men don't get pregnant).

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