We have a property a HMO property for single professionals. In the tenancy agreement we have indicated that this is for single occupancy and no couples allowed.
Recently when visiting the property we discovered that one of the tenants is pregnant and probably due in May.
The remaining 3 tenants have all expressed concerns that a newborn will cause sleepless nights. We didn’t want to cause any undue distress to the pregnant lady so we decided not to evict her while she’s still pregnant even though the rental acts was coming up. I assume that under the new laws we will have no legal right to terminate her tenancy even if the other tenants are unhappy?
She hasn’t really caused any trouble other than the fact that to date she hasn’t still not paid her one month deposit which she had requested to be allowed to pay at the end of the month that she moved in. This was July 2025.
Any advise? We really can’t afford to lose 3 other tenants for the sake of one person.
@Denisia
Firstly it might turn out to be a very quiet baby. And /or the tenant could already be planning moving out to have more room. Or to get it cared for at other parent’s address. You just don’t know
Secondly check the tenancy agreement but the openrent one specifies the occupants so if a tenant wants to add to these (whether a partner, children or someone else) they do have to agree that with you. More people = more wear n tear etc so you may want to renegotiate rent. It’s a breach of the tenancy agreement and there are discretionary s8 grounds
There is also a standard clause in the openrent APT (individuals in a shared household) about not causing a nuisance to the LL neighbours or other residents. Again a breach and discretionary so you’d need to convince a judge. If it was a loud baby causing sleepless nights.and tenants complained and/or moved our accordingly you could get statements from t h em as evidence. The RRA doesn’t say you must let people with children rent from you I think but that tenants mustn’t be ruled out and blanket discriminated against simply because they have children. @David122 have I put that correctly? Any other comments on this case?
RRA doesn’t grant people the right to stay indefinitely just by having children. It’s exactly the same as if a tenant told you they wanted to rent on their own then moved 3 kids in plus a partner unexpectedly and without your permission. The place has to be suitable and they have to abide by the tenancy agreement re noise not disturbing neighbours etc just as before)
That said I doubt any judge is going to look favourably on trying to evict a mother and young baby.
Why not arrange an inspection visit with the tenant, and when there ask her what her plans are as you rented the place as a single occupancy and obviously things are going to change but you are just there to listen. She may not even have thought about it properly yet. You don’t have to commit to anything just listen. I think it’s a fair question to ask. But you could wait till after baby born - and meanwhile tell other tenants you will discuss with her after baby born?
On the deposit not paid if they are going to have extra expense of a child they aren’t going to now supply a deposit- if that was really an issue I guess you would have raised and sorted months ago.
Good luck
I think evicting her was already dodgy prior to the RRA. There are lawyers itching to take cases for indirect discrimination under the Equalities Act.
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Thanks very much. We’ve asked about her intentions and she’s said that she doesn’t have any plans to move elsewhere yet and that she might consider finding a one bedroom flat once the baby is 6 months old. Will keep my fingers crossed for a quiet baby.
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Do you have licensing restrictions on the number of people living in your HMO? For my HMO which is five bedrooms I’m limited to 5 residents on my HMO registration, so if one of my residents had a baby I would be over the limit set by the local authority. Would evicting for that reason be acceptable?
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@Karl11 I think to be reasonable a judge would expect you to talk to the licensing authority and see if there was any leeway at least for a temporary variation tho before you proceeded to evicting a mother and child?
Best
From memory, whilst babies dont count toward over-crowding figures, they do count toward permitted numbers of occupants. Worth checking with the local authority though. However, I seem to remember Govt advice to Councils on this issue was to adopt a lenient approach.
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