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  • FIRST POST
    • Uriel88
    • By Uriel88 6th Aug 18, 8:38 AM
    • 2Posts
    • 0Thanks
    Uriel88
    Max Occupancy and Pregnancy
    • #1
    • 6th Aug 18, 8:38 AM
    Max Occupancy and Pregnancy 6th Aug 18 at 8:38 AM
    Hello,

    my wife and I signed a two-year tenancy agreement a month ago. Last week we found out that my wife is pregnant (we had no intention nor expectations for this two happen).

    The contract we signed features the following clause:
    "The Tenant will occupy the Property as his only and principal home and will use the Property as a single private residence for occupation by the Tenant together with his immediate family, domestic staff (if any) and his visitors but not: for more than two persons only," (follow other restrictions irrelevant to the post).

    Does this create an issue for us? Will our infant be considered a "third person" in all aspects from the day he/she is born? Can we be asked to move out on the basis of becoming three in the relatively close future?

    I should state that the contract features a break clause. The landlord can, after the first 6 months, ask us to move out with a two-month notice. We can do the same.

    If the above does indeed create an issue, what's your advice on the matter?
Page 1
    • sal_III
    • By sal_III 6th Aug 18, 8:47 AM
    • 651 Posts
    • 663 Thanks
    sal_III
    • #2
    • 6th Aug 18, 8:47 AM
    • #2
    • 6th Aug 18, 8:47 AM
    Congratulations!!!

    It's just a technicality, to ensure you don't sub-let and turn it into HMO. Also it's right there:

    for occupation by the Tenant together with his immediate family
    So don't worry about that part.

    On the other hand some LLs maybe against having a baby/kid in the property, they can't discriminate and can't do anything about it legally, but can decide to exercise the break clause in the tenancy agreement and seek no fault eviction via Section 21 notice at the worst possible time for you. So I suggest you make the LL aware at first possible moment and probe how he/she feels about it.
    • Uriel88
    • By Uriel88 6th Aug 18, 8:49 AM
    • 2 Posts
    • 0 Thanks
    Uriel88
    • #3
    • 6th Aug 18, 8:49 AM
    • #3
    • 6th Aug 18, 8:49 AM
    Good thinking! Thanks for your reply and the congratulations. Will talk to the LLs and see how they feel about it...
    • HampshireH
    • By HampshireH 6th Aug 18, 8:56 AM
    • 990 Posts
    • 1,134 Thanks
    HampshireH
    • #4
    • 6th Aug 18, 8:56 AM
    • #4
    • 6th Aug 18, 8:56 AM
    The post above states cannot legally stop someone have kids in a property

    I used to manage a couple of blocks of flats which had s.106 in place preventing children being resident. It was a condition of the build.

    At the point of baby being born they became high priority for a move with the council (social housing) because we would have been in breach of the s.106 by continuing their tenancy.

    An odd one
    • Comms69
    • By Comms69 6th Aug 18, 12:09 PM
    • 4,950 Posts
    • 4,974 Thanks
    Comms69
    • #5
    • 6th Aug 18, 12:09 PM
    • #5
    • 6th Aug 18, 12:09 PM
    The equality act protects your wife and baby from moment of pregnancy to 26 weeks after birth.


    This does not prevent a s.21 eviction, but does prevent discretionary grounds- e.g. breach of terms.
    • m0bov
    • By m0bov 6th Aug 18, 12:11 PM
    • 1,378 Posts
    • 964 Thanks
    m0bov
    • #6
    • 6th Aug 18, 12:11 PM
    • #6
    • 6th Aug 18, 12:11 PM
    Keep it to yourself, you dont want an S21 to arrive.
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