AST Eviction due to pregnancy

ALex wrote: »

Hello all,

My wife and I are currently 7 months into a 12 month AST ending early November 2017. We are expecting our first baby who is due in September and, as our landlord lives in an adjacent property on the same grounds, unsurprisingly this has not gone unnoticed.

The landlord spoke to my wife today as she got in from work and indicated that she would like us to leave before the baby arrives. - That's unfortunate.

Our tenancy agreement does not have a specific "no children" clause but does have the following relevant points: - It would not matter if it did or didn't. A court wont evict someone for having a child (so only a s.21 would work)

"4. Use of the Property
4.1 Not to assign, or sublet, part with possession of the Property, or let any other person live at the Property. - Not relevant
4.2 To use the Property as a single private dwelling,
and not to use it or any part of it for any other purpose, nor to allow anyone else to do so. - Not relevant
4.3 The Property shall be used for the occupation of ALex and ALex's Wife." - Not relevant

Later sections refer to "...the Tenant, his children, visitors, contractors or pets...". - not relevant

We have a good relationship with our Landlord and I do not believe there is any malice intended. However if push comes to shove I want to understand whether there would be any grounds for an early eviction against our will before the end of the 12 month fixed period. - No, as a pregnant person your wife is protected from eviction. By proxy so are you, as joint tenant.

I should also mention that the contract is subject to a six month break clause but I believe that it can no longer be executed as the relevant date has now passed. The clause is as follows:

"S4. Break Clauses
S4.1 The Landlord and Tenant shall have the right by giving not less than sixty day's advance written notice to the Landlord's Agent to terminate this tenancy on 10 May 2017 and on this date the Tenant shall yield up the premises in accordance with the provisions hereof with vacant possession and the Tenancy shall absolutely determine but without prejudice to any antecedent rights or claims of either party. The Landlord reserves the right having given reasonable notice and at reasonable times to show the Property to applicants or purchasers or valuers during the two months' notice period or during the last two months prior to termination of the tenancy." - So that is now passed.

Note, we have always intended to move out at the end of the AST anyway, as the property is too cold over the winter months for a young child, so we are already keeping an eye on the local rental market.

Thanks in advance for any advice you can offer.

ALex

s.17 of the equality act


17 Pregnancy and maternity discrimination: non-work casesE+W+S
This section has no associated Explanatory Notes
(1)This section has effect for the purposes of the application to the protected characteristic of pregnancy and maternity of—
(a)Part 3 (services and public functions);
(b)Part 4 (premises);
(c)Part 6 (education);
(d)Part 7 (associations).
(2)A person (A) discriminates against a woman if A treats her unfavourably because of a pregnancy of hers.
(3)A person (A) discriminates against a woman if, in the period of 26 weeks beginning with the day on which she gives birth, A treats her unfavourably because she has given birth.
(4)The reference in subsection (3) to treating a woman unfavourably because she has given birth includes, in particular, a reference to treating her unfavourably because she is breast-feeding.
(5)For the purposes of this section, the day on which a woman gives birth is the day on which—
(a)she gives birth to a living child, or
(b)she gives birth to a dead child (more than 24 weeks of the pregnancy having passed).
(6)Section 13, so far as relating to sex discrimination, does not apply to anything done in relation to a woman in so far as—
(a)it is for the reason mentioned in subsection (2), or
(b)it is in the period, and for the reason, mentioned in subsection (3).


http://www.legislation.gov.uk/ukpga/2010/15/part/4


In essence she cannot evict you due to pregnancy.

Guest101 wrote: »

The equality act is simpler - it gives a specific timeframe for when such discrimination is illegal. (pregnancy and upto 26 weeks following)

True. Good point.

So one thing or another seems the OP is safe till the fixed term ends, but, as others have said, coud always reach an agreement with the LL to leave earlier if they wished.

csgohan4 wrote: »

hope your deposit is protected, your LL seems a bit stupid

Or to put it another way:

hope your deposit is not protected, your LL seems a bit stupid. That way you could be there for a long long time whatever the landlord wants!