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yenegh147830 
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Joined: 04 July 2014
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 Topic: Can my landlord kick me out for having a baby?
Posted: 29 September 2014 at 2:57pm |
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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...
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wimble
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Joined: 05 January 2011
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Posted: 29 September 2014 at 4:03pm |
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Short answer - no. If you're on a fixed-term tenancy the LL can't give you notice to move out or change to a periodic tenancy unless ordered by a tenancy tribunal or both parties consenting. The only issue may be if you have it noted in your lease that there is only to be X number of people residing in the property and you breach that by having your baby. But my recommendation is to call DBH and talk to them.
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Mum to 3yo Mr C #2 due May 2015 :) 
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Apfel84
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Joined: 28 April 2014
Location: Auckland
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Posted: 30 September 2014 at 2:16pm |
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I think if they were to kick you out for noise, they'd need some proof that you were in fact noisy.
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Apfel84
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Posted: 30 September 2014 at 2:17pm |
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I.e formal noise complaints laid by neighbours
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Rammie
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Joined: 22 August 2014
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Posted: 30 September 2014 at 4:09pm |
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Answer is no. Hope all will workout for you. All the very best.
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wimble
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Posted: 30 September 2014 at 4:10pm |
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And even if neighbours complained about noise, that would still go through mediation with the tenancy tribunal if the LL wanted you out for that reason. it can't be in anticipation of noise!
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Mum to 3yo Mr C #2 due May 2015 :)
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angelina_joy
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Posted: 02 November 2014 at 5:17pm |
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Your LL definitely sounds like she's taking advantage. That's all kinds of stupid. No, you can't be kicked out on the basis that your infant made noise. Don't let her try to bully you into monthly reviews or anything of the sort, either - she has no legal right to do that. Even tenancy inspections can only be carried out once every 90 days. She can't just terminate an agreement within 30 days under any circumstance, either. What a horrible cow.
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_Soda_
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Joined: 03 August 2008
Location: Auckland, NZ
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Posted: 02 November 2014 at 10:00pm |
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nope they have no right whatsoever to kick you out because your baby makes noise- that is just ludicrous! DONT stress if your baby is crying etc, its a baby. its not like having a dog that wont stop barking! horrible LL is right! if they give you any flack go STRAIGHT to the tenancy tribunal. youll be fine :)
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My little miracle 6/1/2011 My angel in Heaven 9/5/14 
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Kesha162258
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Posted: 03 November 2014 at 6:24pm |
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No, I don't think so. She has no right to do that. You are actually in a far better position to complain her with her silly actuation.
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Can my landlord kick me out for having a baby?