New tenant is pregnant

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    New tenant is pregnant

    Hope someone can help. Have just heard that a tenant who is moving in to a student house share is pregnant and baby is due November. She will be sharing with 3 other students and seems to think everything will be ok. As the landlord what should I do? I envisage problems with the other tenants as the reality of living with a crying baby and trying to study take effect. I realise I cannot evict her but am wondering how I can make this situation work for all concerned.

    Would be grateful for any advice.

    #2
    Originally posted by nick.wright30 View Post
    ??
    Being heartless, say the accommodation is for 4 persons, not 5.

    If a fifth person wants to live there ( a baby ) then rent is payable
    for 5 persons to live there.
    ( And why not, - there are 5 persons there in November, and you only
    want 4. )

    Your first port of call is the agents who put her in there.
    Ask WHY in the hell did you put her in there.

    Come november, I assume the AST says not to make a noise between 11pm and 7 am, not to cause distrupti, etc etc,
    So you could evict on those grounds.

    Totaly selfish of the girl, and totaly criminal of the Agent

    Comment


      #3
      Has the tenancy agreement been signed yet?

      How did you come to learn this? Are the other housemates aware that their housemate is pregnant? If so what is their opinion? as it will affect them more than you.

      I'm not sure I would want to ask every woman of child bearing age whether she was pregnant before I agreed to let her a house! I'm sure there will be some discrimination law against that.

      I struggle to envisage even the most cold hearted agent attempting to charge additional rent for a new born baby and I strongly suggest you don't follow that advice either. The same goes for trying to evict a crying baby, it won't get you in any judges good books.


      I am fascinated to learn what criminal law the agent may have broken
      My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

      Comment


        #4
        Originally posted by oaktree View Post
        I am fascinated to learn what criminal law the agent may have broken
        It's just a phrase "It's criminal" and NOT "they have commited an offence"

        No, do not take my advice, but just see the point.
        House for 4 people will have 5 in it.
        If AST is not observed via screaming baby, then invoke AST clauses re noise, etc.
        and teminate tenancy.

        Comment


          #5
          Joint tenancy or separate ASTs?

          Comment


            #6
            I agree oaktree that it will be difficult to charge additional rent for a baby. Individual AST were signed in January before the tenant was pregnant so no blame attached to agent. Initially the other three tenants (they are all friends) were willing to tolerate the baby but after speaking to them they have reservations. I am now trying to find the mother suitable alternative accommodation and am willing to release her from her tenancy agreement. I think that is the best solution all round but would welcome anymore thoughts anyone has.

            Comment


              #7
              Originally posted by nick.wright30 View Post
              trying to find the mother suitable alternative
              accommodation .
              That's all you can do,so long as she is aware that staying "could" see her evicted
              if baby anoys the others, then hopefully she will see sense and let you find alternative
              accommodation.

              Has she paid deposit, paid first weeks rent, signed AST, as if not, then no
              AST has been created,and if not moved in yet, maybe you can fast track to get
              alternative accomodation before she moves in.
              R.a.M.

              Comment


                #8
                You may be dangerously close to running foul of the Equality Act 2010. This prohibits discrimination against individuals because of a number of 'protected characteristics', one of which is pregnancy. Requiring someone to give up rights under a contract because they are pregnant is, I think, pretty discriminatory.
                Disclaimer:

                The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

                Comment


                  #9
                  Originally posted by ram View Post
                  If AST is not observed via screaming baby, then invoke AST clauses re noise, etc.
                  and teminate tenancy.
                  This is just drivel. No court would make a possession order on the ground of a baby crying.

                  Comment


                    #10
                    Originally posted by nick.wright30 View Post
                    I am now trying to find the mother suitable alternative accommodation and am willing to release her from her tenancy agreement.
                    Fine, if she's willing too.

                    I think that is the best solution all round but would welcome anymore thoughts anyone has.
                    It seems quite likely that this girl will drop out of her course; I don't see how she's going to look after a newborn and go to lectures, write essays etc.

                    Comment


                      #11
                      Originally posted by westminster View Post
                      This is just drivel. No court would make a possession order on the ground of a baby crying.
                      It's not a possesson order, its teminating an AST on grounds of violating the conditions of
                      the ast, AND complaints from other students.

                      So are you saying that if an AST says
                      " Not to do or suffer to be done anything which may become a nuisance,
                      annoyance or inconvenience etc. etc etc "


                      Are you saying that someone who wakes up the WHOLE house every
                      morning at 3am and 5 am with a screaming baby, is immune from the
                      clauses in a lease not to annoy or disturb the other 3 students in
                      the house ?

                      I am sure the landlord would not be happy to be sued by the other tenants
                      because he has deliberatly ( in their minds ) put someone in that will breach
                      the conditions of the A.S.T. every day, come November, to prevent them
                      from having peaceful and QUIET enjoyment of the property.

                      If you play your radio at 3am, and wake the other 3, every day for
                      6 months, you should be evicted.
                      If you have a baby and wake the others at 3am every day , you should
                      be evicted.

                      Q.E.D.
                      Last edited by ram; 23-08-2011, 09:18 AM. Reason: Sentenses added ( Landlord zone - get this site working properly )

                      Comment


                        #12
                        Originally posted by ram View Post
                        If you play your radio at 3am, and wake the other 3, every day for
                        6 months, you should be evicted.
                        If you have a baby and wake the others at 3am every day , you should
                        be evicted.
                        The crucial flaw in your argument is that babies naturally cry. There is not much one can do about it.
                        If neighbours and judges were to follow you, every young familly in this country would end up evicted and driven to some remote location...

                        Comment


                          #13
                          Originally posted by jjlandlord View Post
                          There is not much one can do about it.
                          If neighbours and judges were to follow you, every young familly in this country would end up evicted and driven to some remote location...
                          This is not about someone in the next door flat, this is about someone
                          in the SAME house, not a friend or relative, that is just plonked in there.


                          If I was a student there in November, I would be suing the Landlord for failing
                          my exams, via depriving me the ability to get a good nights sleep in order
                          to be in a good frame of mind, awake enough to understand the daytime
                          lessons, and depriving me of the chance to secure a job for my future,
                          and depriving me of quiet enjoyment of the property.

                          So to all you students out there, it appears that you too, can play your music
                          at 3am every morning for 30 minutes, wake up everyone in the house every
                          morning, and you are immune from eviction, based on the answes that if you
                          do that with a baby instead of a radio, you cannot be evicted.

                          Am sure all pregnant students now will rush to share a house full of babies,
                          as the mothers are immune from having to comply with the A.S.T. clauses
                          against noise and annoyance.

                          Comment


                            #14
                            Originally posted by ram View Post
                            If I was a student there in November, I would be suing the Landlord for failing my exams, via depriving me the ability to get a good nights sleep in order
                            to be in a good frame of mind, awake enough to understand the daytime
                            lessons, and depriving me of the chance to secure a job for my future,
                            and depriving me of quiet enjoyment of the property.
                            Students having good nights sleep and awake enough to follow classes? Where are you from? ;-)

                            I bet that the probability that the other tenants complain about the baby is about the same as that that the mother complains to them about their late night activities.

                            The other option is that they are all decent human beings and that this baby will have 3 'aunts'/'uncles' who will be understanding.

                            Originally posted by ram View Post
                            Am sure all pregnant students now will rush to share a house full of babies, as the mothers are immune from having to comply with the A.S.T. clauses
                            against noise and annoyance.
                            Mothers are not immune, but babies pretty much are. That's the point.

                            I take you're not a parent.

                            Comment


                              #15
                              Originally posted by jjlandlord View Post
                              1) Students having good nights sleep and awake
                              enough to follow classes? Where are you from? ;-)
                              2) The other option is that they are all decent human beings and that
                              this baby will have 3 'aunts'/'uncles' who will be understanding.
                              3) I take you're not a parent.
                              Your comments taken in the jovial way in which you replied.

                              1) It is my right and via the AST to have a quiet nights sleep
                              it is also enshrined in law, regarding rented accommodation.
                              2) 18 year old spotty students want to be a surrugate Dad ? NO WAY ,
                              They have studying to do.
                              3) Too dam right I am not a parent, and have enjoyed the freedom, and
                              freedom from debt, watched all my friends get married, then become poor
                              9 months later. -- not for me.

                              Again, to all you students out there, if you dont want to support a mother
                              and baby for first 16 years, earning enough for 3 people, keep the zip UP.

                              Students living together in a house do not want a baby THRUST on them in
                              November, as the O.P. has said, ( They have reservations )

                              R.a.M.

                              Comment

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