Have a new baby and the landlord wants us out

KellyXX

We moved into a 1 bed apartment in Dublin about 2 years ago.
The rent is €900 which is very good as the identical apartments in our block are €1300 right now.

So the problem is that we had a baby about 3 months ago. The landlord didnt know anything about it until he called up to fix a broken tap and saw all the baby stuff around. We told him we had a baby now and that it just never came up with him before.

About 2 weeks later I got a notice letter explaining that he let the apartment to a couple and that it was for two people and wasnt big enough to have a child in as well as two people and he would like us to leave.

Where do we stand? It would be such a pain to find a new place now and we cant afford a 2 bed apartment. We cant even afford another 1 bed at the same rent we pay now. Should we go to the RTB? What are the chances of us winning?

fash

What do the terms of your rental agreement say? Is it limited to 2 people?

Disputing it to RTB could buy you time at the very least even if you don't win - ( even if the rental agreement says 2 people, you could argue that the reference is to an Individual taking up a bed space- i.e. It does not refer to babies) although you lose a possible landlord reference afterwards.

georgewickstaff

You cannot be serious? contracts saying you cannot have a baby? Are you renting in China?

Get onto the RTB first thing in morning and speak to someone who can help you properly.

Be careful on this forum. Some of the advice will border on the insane. "Can anyone mind your baby..." etc

fash

georgewickstaff wrote: »

You cannot be serious? contracts saying you cannot have a baby? Are you renting in China?

Get onto the RTB first thing in morning and speak to someone who can help you properly.

Be careful on this forum. Some of the advice will border on the insane. "Can anyone mind your baby..." etc

The tenancy agreement is likely to specify the number of people allowed to reside in the apartment. It is likely to be limited to 2. Having 3 people in it when the limit is 2 is a breach of the rental agreement giving rise to a right to expel the tenant.
It has nothing to do with whether the 3rd person is a baby or not.

Gumbo

As a landlord I find the reasoning for termination atrocious.
Surely this cannot be legal.

My own opinion is that with a child now, there’s less chance of parties, unannounced stay overs and general messing. I’d be happy.

I would have someone look over the termination notice and see if it’s worth fighting.

m5ex9oqjawdg2i

georgewickstaff wrote: »

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Be careful on this forum. Some of the advice will border on the insane. "Can anyone mind your baby..." etc

What are you talking about? Such an idiotic post.

kceire wrote: »

My own opinion is that with a child now, there’s less chance of parties, unannounced stay overs and general messing.

Another nonsensical post. Are you seriously expecting your tenants request a friend/relative can stay over?

OP, get onto PTRB and call citizens information to see if they can give you some advice too.

FishOnABike

Check the exact wording of your lease and get advice on whether the termination notice is legal based both on the Residential Tenancy Act, the terms of your lease (which cannot reduce any tenancy rights you have due to the RTA) .

IF the termination notice is not legal you may be ok there for another two years but I wouldn't be expecting the LL to continue with a subsequent part four tenancy once you are there four years in total.

There may also be issues under equality legislation if the LL's action might be viewed as discrimination based on family status.

Funny how?

Your going to be dealing with landlords here. He'll need to open a case with the ptrb to get you out. Stand your ground

martinr5232

All the posts about going to prtb and fighting the landlord but what are you planning on doing when the child gets older and needs there own room. And when you need extra space for all the toys and everything that goes with a growing child. If you cant afford a two bed appartment now kids dont get any cheaper as they grow.

Funny how?

martinr5232 wrote: »

All the posts about going to prtb and fighting the landlord but what are you planning on doing when the child gets older and needs there own room. And when you need extra space for all the toys and everything that goes with a growing child. If you cant afford a two bed appartment now kids dont get any cheaper as they grow.

Oh dear lord. There is nothing in the op saying she can't afford more rent. I'd pay 900 over 1300 any day. That post has me laughing

Del2005

Funny how? wrote: »

Oh dear lord. There is nothing in the op saying she can't afford more rent. I'd pay 900 over 1300 any day. That post has me laughing

They say in their OP that they can't afford a 2 bed or even a 1 bed at the current market rate.

Boater123

Funny how? wrote: »

Oh dear lord. There is nothing in the op saying she can't afford more rent. I'd pay 900 over 1300 any day. That post has me laughing

OP said they can't afford more rent.

KellyXX wrote: »

The rent is €900 which is very good as the identical apartments in our block are €1300 right now..................

.................................... It would be such a pain to find a new place now and we cant afford a 2 bed apartment. We cant even afford another 1 bed at the same rent we pay now. Should we go to the RTB? What are the chances of us winning?

To the OP, sorry I don't know what you should do, perhaps talk to Threshold?

When registering a tenancy on line with the RTB, there is one field requiring the Landlord to fill out concerning bed spaces/ occupancy. If your tenancy is registered, it would be interesting to see what your LL has filled in.

KellyXX

Funny how? wrote: »

Oh dear lord. There is nothing in the op saying she can't afford more rent. I'd pay 900 over 1300 any day. That post has me laughing

Thats exactly what I meant. We dont want to be shelling out another €400PM if we can help it.
Thats what will happen if we move.

Mrs OBumble

kceire wrote: »

As a landlord I find the reasoning for termination atrocious.
Surely this cannot be legal.

Its quite legal. The property is now overcrowded. The OP has breached the lease by moving a third person in.

The LLs insurance may even limit the number of occupants to two.

You can make a 1-brm work for a few months when the baby is small. But it needs a room of its own soon enough. The OP should have been planning for this for at least the last six months of the pregnancy.

Gatling

Op if I remember correctly you are planning to buy a place

Graham

Mrs OBumble wrote: »

Its quite legal. The property is now overcrowded.

Is there a definition of 'overcrowding' in the legislation somewhere?

handlemaster

The apt is now over occupied and in breach of agreement. Off to pay more or expect to be moving, you could take a case but it will come down to the same thing 1 contract you signed 2 how many are now living in the apartment

Sleeper12

martinr5232 wrote:

All the posts about going to prtb and fighting the landlord but what are you planning on doing when the child gets older and needs there own room. And when you need extra space for all the toys and everything that goes with a growing child. If you cant afford a two bed appartment now kids dont get any cheaper as they grow.

They can worry about the growing child in a year or so. Their financial situation may be better then. Anyways they can't give the baby back so they do the best that they can. Same as everyone else

Browney7

KellyXX wrote: »

We moved into a 1 bed apartment in Dublin about 2 years ago.
The rent is €900 which is very good as the identical apartments in our block are €1300 right now.

So the problem is that we had a baby about 3 months ago. The landlord didnt know anything about it until he called up to fix a broken tap and saw all the baby stuff around. We told him we had a baby now and that it just never came up with him before.

About 2 weeks later I got a notice letter explaining that he let the apartment to a couple and that it was for two people and wasnt big enough to have a child in as well as two people and he would like us to leave.

Where do we stand? It would be such a pain to find a new place now and we cant afford a 2 bed apartment. We cant even afford another 1 bed at the same rent we pay now. Should we go to the RTB? What are the chances of us winning?

OP, you have 2 years left under part IV. Is the notice you received an actual termination notice citing overcrowding as reason for termination or a wishy washy letter that the LL is hoping you take as gospel and leave of your own accord?

Realistically, a one bed in the long run won't be suitable for you which I'm sure you know yourself

Gumbo

Graham wrote: »

Is there a definition of 'overcrowding' in the legislation somewhere?

Housing Act, 1966, Section 63 possibly.


http://www.irishstatutebook.ie/eli/1966/act/21/section/63/enacted/en/html

Gumbo

Kalani Little Planetarium wrote: »

What are you talking about? Such an idiotic post.



Another nonsensical post. Are you seriously expecting your tenants request a friend/relative can stay over?

OP, get onto PTRB and call citizens information to see if they can give you some advice too.

No idea what your crapping on about here. I’m in the OP’s side ????

Graham

kceire wrote: »

Housing Act, 1966, Section 63 possibly.


http://www.irishstatutebook.ie/eli/1966/act/21/section/63/enacted/en/html

I'm not sure.

If I'm reading it correctly as the child is not a person over 10 the first definition wouldn't apply.

The seconds definition would only be met if the bedroom were tiny.

If I were the landlord I would be very careful about falling-foul of discrimination legislation under one of the protected grounds.

OldMrBrennan83

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Bananaleaf

Sleeper12 wrote: »

They can worry about the growing child in a year or so. Their financial situation may be better then. Anyways they can't give the baby back so they do the best that they can. Same as everyone else

Financial situation may be better. Also may not. Personally, these are the things I would be thinking about myself BEFORE actually having the child. You know, basic things such as 'can I afford it?'

OP - as already mentioned, you could take the case to rtb to buy yourself time, but in the meantime you need to be looking for somewhere else. The child won't be getting any smaller!

Now that you have a child, I would advise doing this sooner rather than later, to give yourselves and your baby the opportunity to settle in an area, make friends etc. somewhere close to a school you will end up sending him/her to

Graham

Patww79 wrote: »

This post has been deleted.

+1

Patww79 wrote: »

This post has been deleted.

Welcome to the internet, you must be new here.

OP has asked for opinions.

Graham

Mod Note: Opinions on the OPs decision to have a child are not relevant to this thread.

OldMrBrennan83

This post has been deleted.

Sleeper12

Bananaleaf wrote:

Financial situation may be better. Also may not. Personally, these are the things I would be thinking about myself BEFORE actually having the child. You know, basic things such as 'can I afford it?'

That's not really helpful advice. They already have a baby

jimmynokia

Your landlord is an A -HOLE your child will take years to grow up to consider it a third occupant or claim overcrowded unless its a box you are in.. He should wake up and even say give you three years then you need to worry.. Still he is what i said he is anyway..

handlemaster

jimmynokia wrote: »

Your landlord is an A -HOLE your child will take years to grow up to consider it a third occupant or claim overcrowded unless its a box you are in.. He should wake up and even say give you three years then you need to worry.. Still he is what i said he is anyway..

So a contract means nothing if its the terms are broken by a tenant only if the landlord breaks it.

Eric Cartman

The landlord is well within their rights and correct to do this. It is now overcrowded.

How anybody is recommending using the PRTB to delay being kicked out is beyond me. If we were talking about somebody getting a dog or a cat everyone would look at this logically, but because its a baby you're all thinking about it emotionally.

look for something further out of the city and commute. Don't oversold or make this landlords life even harder than I'm sure it already is.