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Original poster

*Urgent:* Is it illegal to stay in a 1st floor 1 bedroom flat (private tenancy) with a newborn baby? Please Help! New Mum!

90 replies

MumsofAnarchy24 · 10/01/2022 14:38

I have recently renewed my 1 year tenancy agreement in my 1 bedroom 1st floor flat, 3 weeks later I found out I'm 12 weeks pregnant.

I will clarify I wasn't trying to conceive as I've been on the pill successfully for well over 10 years and according to my midwife, while I was ill in October the anti-biotics I was on probably affected my contraceptive pill and that's how I conceived.

I am very happy to be pregnant but I am scared that it isn't legal for me to stay in this flat with my baby and I am unsure of how to leave my tenancy if this is the case. When I moved in it was advertised for couples/working professionals, no pets and no children but there is nothing in my contract that definitively states no children, it just says no pets.

As far as I am aware there is no break clause in my agreement, admittedly I am not sure how I could check to see if this is the case. I am currently dealing with a lot of stress and difficulty getting my life organised for the baby's arrival as relationships soured at my work once I told my work that I was pregnant (unfair treatment, being made to work 55+hrs and generally being strict and unreasonable with me all because I asked for my hrs to be lowered back to my contracted 45hrs, the work is manual and I'm on my feet most of the day, with my shifts being between 12-15hrs each day 5-6 days a week).

So with that going on, I am scared to speak to my landlord who is lovely and we get on very well (never missed payments nor have we ever had any issues), as I am frightened that as with my work's response to my pregnancy, my landlord may not take the news well either.

I am happy to stay in the flat until my tenancy agreement ends and I am also happy to leave before then if I am not allowed to stay because of the change in circumstances.

I am not unreasonable and would be willing to give my landlord 3-5months notice to look for another tenant, I also do not mind helping him find another tenant. The only thing is that I'm unsure if the baby is allowed to live in this flat legally.

I may be overthinking this but with how badly it has affected my job, and how toxic and aggressively unco-operative my work has been towards me since I revealed my pregnancy, I am scared to put a foot wrong.

The only thing I am scared of is being told if I do leave before the agreement is up that I have to pay all rent owed til the date the tenancy agreement ends in a lump sum because I have ended the tenancy early. I need some advice urgently.

OP posts:
purplesequins · 10/01/2022 14:40

no, it's not illegal.
many, many people in expensive areas live in one bedroom flats with children.

SliceOfCakeCupOfTea · 10/01/2022 14:43

Why do you think it's illegal??

HopefulProcrastinator · 10/01/2022 14:44

It's not illegal to be in a one bed flat with a baby. It's not ideal when baby is old enough for their own room, but until then you'd be sharing a room with baby normally anyway so makes little difference (although probably squished).

However, there may be legitimate restrictions on children residing in the property that are out of your landlord's control.

Your best bet is to contact Shelter for the part of the country you're in, they give advice based on the law in your area (England, Scotland or Wales...not sure if they have a NI section).

They'll outline your exact rights and how to access support if required. Then you can approach the landlord to confirm you understand the legal position and to discuss how to move forward.

Best of luck with everything.

ThelmaDinkley · 10/01/2022 14:46

I can’t see how it’s illegal but how work is treating you is surely illegal and they will be heading for a constructive dismissal case. Good luck with your pregnancy. Might be worth your while speaking to ACAS or Citizens Advice re work.

APerfectSky · 10/01/2022 14:47

Just because something is written in the contract (ie no children), it wouldn't make it illegal for you to have a child there, although you may be in breach of contract.

If your landlord is nice, I would explain the situation to them and ask if you can stay until your tenancy is up (how old will baby be at this point?), or say if they prefer, you are happy to end the contract sooner. There aren't really many other options. I imagine.your LL would much rather have a reasonable discussion with you about it than fine out second hand and perhaps assume you were trying to be secretive about it.

CloseYourEyesAndSee · 10/01/2022 14:52

Do you mean because you didn't have a baby when you signed the contract?
No it's not illegal and they can't evict you for having a baby. Relax.

CloseYourEyesAndSee · 10/01/2022 14:53

ask if you can stay until your tenancy is up (how old will baby be at this point?), or say if they prefer, you are happy to end the contract sooner

She doesn't need to ask if she can stay until the end of her tenancy. She has a tenancy agreement that cannot be ended because she's having a baby.

EmmaPaella · 10/01/2022 14:59

When I moved in it was advertised for couples/working professionals, no pets and no children

A flat is just advertised for who it is suitable for and a landlord can have a preferred sort of tenant for various reasons. I can't see how you could put no children into a contract or legally evict someone for having a baby, and plenty of people live in flats with children.

Personally, I would be totally upfront with the landlord and let them know but only out of courtesy. We had a tenant who had a baby and their neighbours complained to us about the noise. This in fact happened to me when I was in a flat with a baby (complaints about the noise) and I was not sympathetic to the complaints. Babies cry - c'est la vie.

That said, you may want to move at some point anyway.

Ps congratulations!

PrtScn · 10/01/2022 15:03

It won’t be illegal, and sounds like it’s not a clause in your contract if it only says no pets. I expect them verbally saying no children is because it could be considered discriminatory (it’s not illegal for them to say no children, but could leave them open to accusations I guess). I guess it’s because the flat isn’t considered child friendly and the noise etc could cause problems that they say no children.

If I were you I’d keep an eye out for something more suitable but not rush or go out of your way to leave. You’ll be fine there for the interim, although if the baby is a night time screamer other tennants might complain. Once baby is crawling etc might be time to move to a more family friendly place. It might be courteous just to let landlord know, but don’t feelmobliged to do this if you think it will make you more anxious.

Lockdownbear · 10/01/2022 15:07

It's definitely not illegal. Landlord having a preference for not pets or children.

Speak with them they will probably be OK with a baby, esp if you've been a hassle free tenant, what they don't want is bigger kids rattling around and bashing toys of walls or making enough noise to upset the neighbours.

FoxgloveSummers · 10/01/2022 15:10

I hope you've been fully reassured that it's not illegal or grounds for ending your tenancy. Even more so since it's not mentioned in the contract. This is incredibly common! If there's a letting agent I'd just let them know as a matter of courtesy - it'll be less awkward than them spotting a baby there when they do their inspection - but you don't have to.

Don't let your mad workplace make you feel that everyone is mad an unkind! Congrats on your pregnancy.

LittleGwyneth · 10/01/2022 15:12

'The only thing I am scared of is being told if I do leave before the agreement is up that I have to pay all rent owed til the date the tenancy agreement ends in a lump sum because I have ended the tenancy early. I need some advice urgently.'

There is no way that can happen. Just call the estate agent and chat to them. They'll almost certainly say you can either stay until your tenancy ends or break the tenancy agreement early.

Soubriquet · 10/01/2022 15:14

Why would you think it’s illegal? Confused

LemonLimelight · 10/01/2022 15:16

I don't even see why you'd need to speak to the landlord. It would then seem like you're asking permission and lets them have an opinion on it. I've had two children since moving into my rental home and never mentioned it to the landlord at all, it didn't seem relevant to them. They have a company do the regular inspections, and maintenance which they do when we're at work as they have a key, so the landlord doesn't know or care that we have kids. You have the right to a private life and family when you're renting even though landlords seem to prefer otherwise.

MrsMo21 · 10/01/2022 15:31

First of all, congratulations and I’m so sorry you’ve gone through all of this already.

You don’t even need to notify your landlord of the pregnancy or baby. We didn’t - none of their business. It is not illegal to have a baby in your flat.

Secondly, what is happening with your work could be illegal. Check out pregnantthenscrewed.com/ they’ll be able to offer help and advice xx

chesirecat99 · 10/01/2022 15:32

No, it's not illegal to have a baby in a one bedroom, first floor flat. It is, however, illegal under the Equality Act 2010 for your landlord to evict you because you are pregnant or have had a baby.

The landlord does not have to renew your tenancy in 12 months time when the contract expires though.

FoxgloveSummers · 10/01/2022 15:38

Just popping back to say if the agent/landlord does kick off at any point and threaten to (illegally) evict you, go straight to your local council and tell them what's happening. I've had this before and the council rang the landlord and reminded him he was breaking the law - the problem magically went away.

RedCandyApple · 10/01/2022 15:44

Can you explain why you think it’s illegal? I lived in a one bed 3rd floor flat with 3 children

Coronawireless · 10/01/2022 15:56

@LemonLimelight

I don't even see why you'd need to speak to the landlord. It would then seem like you're asking permission and lets them have an opinion on it. I've had two children since moving into my rental home and never mentioned it to the landlord at all, it didn't seem relevant to them. They have a company do the regular inspections, and maintenance which they do when we're at work as they have a key, so the landlord doesn't know or care that we have kids. You have the right to a private life and family when you're renting even though landlords seem to prefer otherwise.
Well I would care if I was the landlord. There are more people staying there (free) than original contract. The property may not be suitable for children - window locks etc. Your landlord would not want to be sued if a child he/she didn’t know was there was injured as a result of some safety issue. How can you not see this? But OP is not in the same position as she wants to bring her landlord up to date. Your landlord can’t throw you out just like that OP, although they may ask you to look for somewhere else at the end of the tenancy if the property is unsuitable for a baby. Equally, since you seem like a good tenant, they may be happy to keep you on and may even take steps to make the flat suitable for you and your baby. If you did decide to end the tenancy early because your landlord doesn’t want the baby it certainly would not be up to you to find a new tenant. I don’t think any court would uphold that. Good luck with whatever happens!
CloseYourEyesAndSee · 10/01/2022 15:59

There are more people staying there (free) than original contract.

Spoken like a true landlord!
Rent is rent for the entire property no matter how many people live there.

Coronawireless · 10/01/2022 16:01

@CloseYourEyesAndSee

There are more people staying there (free) than original contract.

Spoken like a true landlord!
Rent is rent for the entire property no matter how many people live there.

Not necessarily. The more people who live there, the more wear and tear and damage there is. I am not a landlord but this is barn door obvious.
Soubriquet · 10/01/2022 16:02

More people staying there for free Hmm

Properties aren’t charged by how many people stay there. A family of 4 won’t pay more for a property if it’s just a family of 2.

MamaGaia · 10/01/2022 16:03

@Coronawireless Since when is rent calculated per person?

Coronawireless · 10/01/2022 16:05

@Soubriquet

More people staying there for free Hmm

Properties aren’t charged by how many people stay there. A family of 4 won’t pay more for a property if it’s just a family of 2.

Really depends on the contract though doesn’t it? Most landlords ask how many people will be living there. Most ads specify that the property is suitable for x number of people. This is for all sorts of reasons. Noise, neighbours, wear and tear, parking/bicycles, utilities, waste, insurance. And if I was a landlord and found that the terms of my contract had been broken I then yes, I would take steps to end the tenancy. Not just because of the numbers but because the tenant had been dishonest and I wouldn’t trust them.
Coronawireless · 10/01/2022 16:06

[quote MamaGaia]@Coronawireless Since when is rent calculated per person?[/quote]
Since probably the dawn of time. If the contract specifies a number of tenants.