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Thread: Can my landlord kick me out for having a baby?

  1. #1
    Join Date
    Aug 2014
    Location
    New Zealand
    Posts
    12

    Default Can my landlord kick me out for having a baby?

    Hello all,

    I know this is a strange question but as I have only been in NZ for 7 years I still get he odd treatment from Kiwis that just borders unjust so here is the situation.

    I have been living at the address I am at now for the past 6 years with my 11 year old son. I have always kept my flat neat and tidy.... I am a bit of a neat frak.... and now I am expecting a daughter in November. I work 30 hours a week and will be working 2 weeks after my daughters arrival too... My sister will be here to help look after my child.

    My boss at work is alright for me to take work home and sometimes bring my daughter in if she is quiet to get work done at the office too....

    The main issue.

    My landlord this morning informed me that if my daughter makes noise that she will terminate my lease within 30 days and that she wants to do my tenancy agreement on a month by month basis to see how we go after my daughter is born.

    I know that in the UK tenants have the right not to be treated unfairly because of your disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex or sexual orientation.... what are the rules in this case.
    http://www.adviceguide.org.uk/englan...e_landlord.htm

    I have searched on the DBH website here in NZ for my rights and the landlord rights... I will ring Plunket and find out what the deal is too tomorrow... was not expecting this curve ball at all.

    I mean I work my socks off. I am not on any welfare system... I do not intend to burden the economy. I volunteer in neighborhood clean up, school help programs days etc... I can understand not bringing a child to work but at home??? That is a different story and spells all kinds of wrong to me...

    Any ideas?
    Any advice is highly appreciated...

  2. #2
    Join Date
    Feb 2008
    Posts
    36,088

    Default

    So sorry to hear of this extra cause of worry for you. ((()))

    What are the terms of your lease? I think the authorities will say that your landlord's powers will depend on what was the original agreement between you, and any changes to it since then.

    It's a strange reaction, considering your son must only have been five when you went there. Does the landlord live in the same building? I'm wondering if she is worried about being disturbed by any noise from a baby, or if she is worried that other tenants might be upset.

  3. #3
    Join Date
    Jul 2006
    Location
    Dairy Flat, Auckland
    Posts
    1,750

    Default

    You can always get advice here

    http://www.dbh.govt.nz/sorting-out-problems

    The tenancy advice no is 0800 83 62 62

  4. #4
    Join Date
    May 2005
    Location
    Nelson, NZ - from Boulder USA
    Posts
    292

    Default

    I would suspect this would fall under the Tenancy Act: http://www.dbh.govt.nz/tenancy-discrimination
    It states:
    When providing accommodation, it is unlawful to discriminate on the basis of:

    • gender
    • marital status
    • religious or ethical belief
    • race or colour
    • ethnic or national origin which includes nationality and citizenship
    • disability including physical or psychiatric illness
    • age
    • political opinion
    • employment status eg, being unemployed or a beneficiary, or receiving ACC payments
    • family status including having/ not having responsibility for children (emphasis mine)
    • sexual orientation.

    This Act makes it unlawful for anyone to discriminate when considering whether to grant a tenancy or deciding to continue, extend or vary an existing tenancy. The Act prohibits discrimination when deciding to terminate or renew a tenancy.
    Basically - if your son has been acceptable as a tenant then the landlord can't make a change in the terms of the agreement due to the arrival of a second child. I suspect your landlord would back down quickly once this is pointed out, but it definitely won't hurt to consult DBH.

    Good luck and stand up for your rights!

  5. #5
    Join Date
    Jun 2005
    Location
    Was Cheshire Nov 2005 Welly
    Posts
    587

    Default

    wow really!....

    I'd dump this landlord and move on if I were you.. six years continues tenancy is a dream for most landlords..
    a tenant having a baby isn't a noise issue!

    unjust, IMHO yes... with your stable history of continuos renting I'm sure most landlords would welcome you ..

    I'd bet there are lots of landlords on this forum, why not ask here if there is a rental available.


    Bob

  6. #6
    Join Date
    Aug 2014
    Location
    New Zealand
    Posts
    12

    Default

    Thank you so much for your suggestions and advice everyone...

    Have had a simple open tenancy agreement for years... it undergoes periodic renewals etc... nothing stipulated about children ....

    I have been searching for places that are still in zone for my son's school as he is switching to intermediate but I can't find anything suitable....

    She lives upstairs and she collects rent from three flats in total on the property.

    One of my neighbors was at the meeting and said that she was discriminating against me and that he would leave as well because she was also putting the rents up for everyone. He has been living here for 11 years.... the other neighbors are young people (newbies) who since moving in have made the most noise since we have been here.
    Parties and drinking... the usual scenario at that age. We have had to go over on different occasions to ask them to be a bit more considerate... She has as well. Her partner has as well.

    She recently had a bad fall and could not handle it so we helped her at that time... over the years we have done lots for her... cleaning the compound grounds.... washing the walls etc...

    Luckily I recorded the whole discussion on my phone as evidence. I have learned a long time ago that in New Zealand smart phones with built in recorders can make such a difference when dealing with difficult people.

    Just got off the phone with the DBH who have been helpful the second time I rang.

    I am contemplating whether or not I should fill out the forms and file a complaint against her for asking me to change our tenancy agreement now over the future potential of noise from an unborn child.... its just another headache to deal with above everything else I manage alone right now...

    She actually suggested that I can go on the doll and get assistance for housing NZ instead of live here with a crying baby. I was astounded to hear her say that....

    My son has been so quiet.... all these years... all birthday parties have been at hired venues... this is so frustrating...

  7. #7
    Join Date
    Apr 2009
    Location
    Waikato
    Posts
    1,785

    Default

    It's no help, but I am outraged on your behalf. I suspect this witch will get away with it though because in New Zealand the landlord is King and tenants are second class citizens. I can understand both your inclination to file a complaint against her and your inclination not to; so sorry you had this rubbish situation to deal with.

  8. #8
    Join Date
    May 2012
    Location
    NZ (Auckland; via Canada)
    Posts
    1,323

    Default

    You deserve better--but don't let some poppyhead (your landlord) make your life harder on their terms:

    1. Verify your rights here and put your documentation together
    2. Be nice to her
    3. Have your lovely baby
    4. Live your life normally
    5. If landlord tries something stoopid tell her you need it in writing
    6. When she does, nail her



    But in the meantime, put the word out among friends that you might want to move. Don't tell why (avoid drama). We're in your corner.

  9. #9
    Join Date
    Feb 2007
    Location
    Essex, UK
    Posts
    2,235

    Default

    That's just awful, I'm sorry you have to deal with this!

    I second all the other advice as to informing yourself about your rights and start looking for something new at the same time. The one thing I'd like to emphasise (and you are doing it already) is how important it is to write everything down. Every conversation you have with her, even short ones in the hallway, telephone, etc, even if it doesn't feel important at the time, it will be very useful if if ever came to a dispute (let's hope it doesn't).

    Hope you have a good support network around you to help you through this!

  10. #10
    Join Date
    Oct 2014
    Location
    Singapore
    Posts
    8

    Default

    The landlord is very unreasonable. I would suggest that you start looking for a new place to stay.

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