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Tenant and a baby

  • 28-01-2018 6:03pm
    #1
    Registered Users, Registered Users 2 Posts: 10,178 ✭✭✭✭


    Is there some regulation that if a tenant has a baby during the terms of the lease contract you cant evict or terminate a lease?


Comments

  • Closed Accounts Posts: 2,738 ✭✭✭Heres Johnny


    billyhead wrote: »
    Is there some regulation that if a tenant has a baby during the terms of the lease contract you cant evict or terminate a lease?

    Oh God.
    I very much doubt it.


  • Moderators, Society & Culture Moderators Posts: 40,365 Mod ✭✭✭✭Gumbo


    billyhead wrote: »
    Is there some regulation that if a tenant has a baby during the terms of the lease contract you cant evict or terminate a lease?

    Nope. You can be evicted under the normal rules and regulations and notice periods.


  • Registered Users, Registered Users 2 Posts: 23,902 ✭✭✭✭ted1


    billyhead wrote: »
    Is there some regulation that if a tenant has a baby during the terms of the lease contract you cant evict or terminate a lease?
    Good God no, what kind of heartless ba5tard would even consider it


  • Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭Grolschevik


    I've seen some people argue on this very forum that, as the baby is not named or a party to the lease, having the baby live there constitutes a breach of the lease...


  • Registered Users, Registered Users 2 Posts: 1,084 ✭✭✭Mike3549


    Actualy I heard some stories where the LL told the tennants to move cos place wasnt suitable for 1 extra person.


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  • Registered Users, Registered Users 2 Posts: 22,412 ✭✭✭✭endacl


    Mike3549 wrote: »
    Actualy I heard some stories where the LL told the tennants to move cos place wasnt suitable for 1 extra person.
    Which may be true, depending on the regulations.
    I've seen some people argue on this very forum that, as the baby is not named or a party to the lease, having the baby live there constitutes a breach of the lease...
    Which may be true, depending on the lease.

    And before my neck is well and truly jumped down, I do agree than summarily evicting a tenant because a baby arrived would be a pretty heartless thing to do,


  • Registered Users, Registered Users 2 Posts: 10,178 ✭✭✭✭billyhead


    But if the lease is up or there not paying the rent then whats the issue?


  • Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,430 CMod ✭✭✭✭Pawwed Rig


    It would be a tricky one to try and defend and you would want to be a horrible bastard to even think about doing it*.



    *imho


  • Closed Accounts Posts: 2,738 ✭✭✭Heres Johnny


    billyhead wrote: »
    But if the lease is up or there not paying the rent then whats the issue?

    That's a completely different question than originally. Think you need to start a new thread you will get nowhere on this now.


  • Registered Users, Registered Users 2 Posts: 23,902 ✭✭✭✭ted1


    billyhead wrote: »
    But if the lease is up or there not paying the rent then whats the issue?
    Leases don’t realky make a difference, after 6 months the tenant can stay for 6 years regardless of what the lease says


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  • Registered Users, Registered Users 2 Posts: 2,490 ✭✭✭amtc


    A friend of mine had three babies in three years. Two bedroom apartment. Was asked to leave on grounds that was rented to a single girl (as she was at the time of lease). In rent pressure zone and no increase in 5 years so was dirt cheap. Eventually they agreed between them to increase rent 'off the books'. Tbf my friend had babies settled and didn't want to move and knew she had it cheap. I know a two bedroom apartment seems small for 5 people but it has mezzanines etc. Bigger square footage than my house


  • Closed Accounts Posts: 779 ✭✭✭HONKEY TONK


    If they are not paying rent. you can start the normal process no matter the tenants circumstances.


  • Registered Users, Registered Users 2 Posts: 4,101 ✭✭✭spaceHopper


    amtc wrote: »
    A friend of mine had three babies in three years. Two bedroom apartment. Was asked to leave on grounds that was rented to a single girl (as she was at the time of lease). In rent pressure zone and no increase in 5 years so was dirt cheap. Eventually they agreed between them to increase rent 'off the books'. Tbf my friend had babies settled and didn't want to move and knew she had it cheap. I know a two bedroom apartment seems small for 5 people but it has mezzanines etc. Bigger square footage than my house

    5 People? So she move in her partner too?


  • Registered Users, Registered Users 2 Posts: 2,245 ✭✭✭check_six


    billyhead wrote: »
    Is there some regulation that if a tenant has a baby during the terms of the lease contract you cant evict or terminate a lease?
    ted1 wrote: »
    Good God no, what kind of heartless ba5tard would even consider it

    That 'heartless ba5tard' would be my ex-landlords. They even had a baby the same month as we did. There were 'congratulations' going back and forth and all was well.

    Flash forward a couple of years and (after trying to increase the rent a second time in three months) they then switched to claiming our toddler was not named on the original lease, they 'didn't know' who this extra tenant was, and we were thrown out. Never mind that the child wasn't born when the lease was signed, or the fact it had lapsed into Part IV, or the fact this only became a problem when they couldn't squeeze extra money out of us as soon as they would have liked due to legal restrictions.

    Vampires.


  • Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    Are you asking "can you evict someone for having a baby", or the very different question: "does someone having a baby prevent you from evicting them for other reasons"?


  • Registered Users, Registered Users 2 Posts: 19,050 ✭✭✭✭murphaph


    The definition of "overcrowding" should be laid down in statute.

    It should be based on several factors such as maximum number of occupants per bathroom, minimum number of square metres per occupant etc.

    The SAME definition should be referred to by a landlord when seeking eviction or by local authorities when they house tenants at taxpayers' expense. What's good for the goose should be good for the gander.

    To be honest a 1 bed apartment is perfectly capable of being used to raise a child. A tenant should never be thrown out for having a child in a 1 bed flat but likewise, those with one child seeking social housing should be assigned a one bed.


  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    murphaph wrote: »
    The definition of "overcrowding" should be laid down in statute.

    It should be based on several factors such as maximum number of occupants per bathroom, minimum number of square metres per occupant etc.

    The SAME definition should be referred to by a landlord when seeking eviction or by local authorities when they house tenants at taxpayers' expense. What's good for the goose should be good for the gander.

    To be honest a 1 bed apartment is perfectly capable of being used to raise a child. A tenant should never be thrown out for having a child in a 1 bed flat but likewise, those with one child seeking social housing should be assigned a one bed.

    There is a definition of overcrowding in a statute. It is in the Housing Act 1966. It does not mention bathrooms.


  • Registered Users, Registered Users 2 Posts: 19,050 ✭✭✭✭murphaph


    There is a definition of overcrowding in a statute. It is in the Housing Act 1966. It does not mention bathrooms.
    But it's not used by local authorities when determining how much space a family needs when allocating housing.


  • Registered Users, Registered Users 2 Posts: 11,647 ✭✭✭✭El Weirdo


    murphaph wrote: »
    But it's not used by local authorities when determining how much space a family needs when allocating housing.

    Pretty sure it is.


  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    murphaph wrote: »
    But it's not used by local authorities when determining how much space a family needs when allocating housing.

    How do you know?


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