AST Eviction due to pregnancy

ALex · 13 June 2017 at 7:16PM

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.

Our tenancy agreement does not have a specific "no children" clause but does have the following relevant points:

"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.
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.
4.3 The Property shall be used for the occupation of ALex and ALex's Wife."

Later sections refer to "...the Tenant, his children, visitors, contractors or pets...".

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.

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."

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

00ec25 · 13 June 2017 at 7:27PM

you have a fixed term tenancy until "early Nov 2017"

the break clause has expired

short of mutual agreement, neither you nor the LL can unilaterally end anything until the contract naturally ends itself in Nov. (Allowing of course for the fact you carry on paying the rent and the LL therefore cannot seek a court order under non payment grounds)

Fosterdog · 13 June 2017 at 7:35PM

He can't make you leave early but if you were planning on leaving in November anyway it may be worth seeing if he'll cover any of your costs if you leave early on a mutually agreed date, maybe your removal and LA costs including referencing, credit checks and such. If he agrees you are financially better off as you'll no longer have those costs, if he doesn't agree you can stay until the end and even wait for him to give you formal notice.

ALex · 13 June 2017 at 8:42PM

Thanks for the replies.

My specific concern was whether the literal interpretation of clauses 4.1 & 4.3 could be used as a mechanism for eviction since there will in fact be another person living in the Property other than my wife and I.

Somewhat paranoid I accept, but thought it best to check.

Thanks

mrginge · 13 June 2017 at 8:46PM

Your landlord is thick.

novotose · 13 June 2017 at 9:03PM

The landlord can't just chuck you out before the AST ends. The landlord is contractually bound by law to remain in contract with you until the end of the AST.

Provided you are not in arrears, then there is little the landlord can do until the AST ends.

Now, your landlord could issue a Section 21 Notice, but that is a two month notice to end the contract, as you are in an AST til November, the Section 21 cannot state an earlier date than your renewal date in November.

As there isn't a 'no children' stipulation in the contract, then you can't be served with any other notice to remove you. If you haven't breached contract then the only process is a Section 21.

To remove you, a landlord would have to do the following:-

Serve a Section 21 Notice with a date to vacate no earlier than your AST end date.

Gain a possession order from the court once the Section 21 ends.

Order Baliffs.

There is very little to be done against you, but I would suggest you fully confirm that if you can get some legal advice from either Shelter or CAB.

Cakeguts · 13 June 2017 at 9:58PM

Your landlord needs to learn what they can and can't do. These people are not suitable to be landlords. They can't dictate to you about moving out before the baby is born. You could always contact your local council private tenants officer if there is one. Your landlord needs some lessons in how to be a landlord.

G_M · 13 June 2017 at 11:54PM

As others have said:

1) the Break Clause date has passed and cannot be used

2) A S8 notice for rent arrears or similar breaches could be used, but I assume there are no arrears

3) Thus you are secure until the fixed term ends in November

As for Clause 4 - this is uneforcible. The landlord could serve a S8 ground 12 notice for breach of contract if a new occupant (other than those named) 'arrived'.
He would then have to go to court to prove the breach and request possession.

You would defend his action in court on the grounds that he was breaching your 'right to family life' (Human Rights Act 1998 article 8).

The court would throw out his application and award your legal costs to him

FBaby · 14 June 2017 at 6:00AM

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.

Did she say that she would like you to leave and or that if you did it would suit them?

I think you are jumping the guns a bit here. She hasn't given you notice. Maybe they had a pleasant discussion, your wife said that you would be moving at the end of Nov and hope to find something on time and LL indicated that they would actually be flexible if you wanted to leave early.

You say they are pleasant people, so maybe it was just all a misunderstanding. Very easily done.

paddy's_mum · 14 June 2017 at 8:18AM

Recalling how time consuming and all encompassing the care of a new first baby can be, there might be a practical advantage in moving while the little one is still a bump, especially if the landlord will agree to pay some of your onward fees.

saajan_12 · 14 June 2017 at 8:46AM

a) Even if having a baby live there breaches the term "only Alex and Alex's wife", I don't think it would be considered a material breach that would enable the Landlord to end the tenancy, perhaps he could sue for resultant losses/damages (doubt there'd be any losses)

b) Even if he did get proof the baby was living there and got a possession order in Sept (unlikely), it would give you time to move, plus waiting for bailiffs would take you past November.

So legally I think you're safe until November. Sounds like the LL will issue a Section 21 and evict you after the fixed term though, so I doubt you'll stretch it much into the new year, and you don't want the stress of waiting for bailiffs with a baby.

However leaving pre baby might actually be better for you, than trying to search for properties, pay double rent for an overlap period, pack up and move with a two month old. Since the LL wants you to move, you might be able to negotiate a convenient move date to allow you to move leisurely and minimise overlap.

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AST Eviction due to pregnancy

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