Why Australian Landlord Threatened to Kick Out Kenyan Couple With Expectant Baby

Leased Houses at Queensland, in the United Kingdom
Leased Houses in Queensland, Australia.
Reale Estate

A Kenyan couple expecting a baby was nearly kicked out of their apartment in Australia after the landlord accused them of breaching the lease contract.

According to documents presented at the Queensland Civil and Administrative Tribunal (QCAT) publicised on Friday, June 9, the landlord threatened to evict the Kenyan tenants claiming that the newborn would be an unauthorised occupant

The tribunal heard that the Kenyan tenants wrote to the landlord about their intention to break the lease agreement. 

In her argument, the expectant mother explained that she wanted to move to a bigger house to accommodate their newborn.

Housing units at Brisbane in Australia leased by various tenants
Housing units at in Brisbane, Australia, leased to various tenants.
Reale Estate

"Kindly let me know how I can break my lease as I need a bigger place to accommodate the baby," she reportedly requested via email. 

The landlord responded, indicating agreeing that it would be possible for them to relocate once a new tenant is found. However, the agreed time lapsed, without the landlord finding a new tenant

At that time, the baby was due, nearly six weeks before the end of the fixed term.

The Landlord, citing their agreement, sent another mail warning the Kenyan couple that they would be evicted for violating the lease agreement.

"To avoid doubt, please note that your lease authorises the two of you as tenants. Your child, once born, is not authorised to be at the premises," the landlord allegedly wrote.

"Please inform me as to your intentions as bringing a child to reside at the premises is a serious breach of your lease that will result in my instigating eviction proceedings," the landlord wrote.

On the next day, the pregnant couple was notified to leave without grounds.

However, Queensland Civil and Administrative Tribunal saved the couple from eviction, arguing that the couple was discriminated against.

The tribunal set a date when the couple would know their final fate in their wrangles with the tenant.

A design of President William Ruto's proposed affordable housing in Mavoko, Machakos County.
A design of President William Ruto's proposed affordable housing in Mavoko, Machakos County.