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  • #8575
    gv
    Flatchatter

      Hi Jimmy,

      We are currently renting and our 12-month lease ended some weeks ago. The agent is keen for us to sign on for another 12 months. We are expecting another baby next year (we have not yet disclosed this, as it is still early days) and are wondering:

      1. Can our lease – if we choose to renew it – be lawfully terminated by the agent because the new baby will exceed the number of tenants on the tenancy agreement? 
      2. Are we required to give notice of an impending birth? If so, how much notice should we give? 
      3. Would the birth of a new baby mean that we might be able to break our lease without penalty before the end of the 12 months?

      Many thanks in advance! 

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    • #17253
      Whale
      Flatchatter

        gv – Clause 51 (1e) of the NSW Residential Tenancies Act 2010 states:

        That a tenant must not cause or permit a number of persons to reside in the residential premises that exceeds any number specified in the residential tenancy agreement.

        So strictly speaking YES, your Agreement could be terminated by a heartless landlord, but why don’t you just ask the Agent to include an additional person on your new Agreement? Provided the numbers of occupants doesn’t exceed the number that can reasonably accommodated in the bedrooms, Agents generally just include those numbers on the Lease don’t they?

        Perhaps contact Tenants NSW for some expert advice?

        All the best for the arrival of your extra “tenant” Wink

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