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Protection from Eviction Act 1977 - anyone an expert?

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 James Malloch 04 Jun 2015

If anyone has any knowledge of this and could spare a bit of time to answer a few questions then please let me know.

My situation is different as I rent a room on a boat.

The general premise is:

- I signed a 6 month Licence (not assured shorthold tenancy) which ends on 19th September.

- Yesterday we were all (15 people living on it) issued an eviction notice and need to leave by 30th July. The boat has to be moved due to insurance issues and won't be returning. I understand we have no option to leave.

- This has been know, I would strongly assume, by the agency since I moved on in March and they have admitted that they signed the contract for 6 months in error.

- They have admitted they a mistake and tried to say that I verbally agreed a 3 month contract.

- The above claim is a lie. A 6 month contract was agreed and both parties signed the licence. I also paid (and they accepted) 3.5 months of rent paid in advance which contradicts their 3 month stance. This was to get reduced rent over the 6 months.


My main questions are:

What are their obligations to me?

Their other properties are all more expensive, often don't come with parking which I need, are a lot smaller and they generally don't have space to securely store a bike.
These are all things which I very much looked for in a property.



If they can't offer me alternative accomodation for the same price? Should I be compensated in any way?



Should the licence actually be classed as a Assured Tenancy Agreement?

The boat:
- is at rest in the silt all the time with the exception of a very high spring tide.
- has no engine and has been there for many years.
- is extremely well secured to the land.
- has two other boats moored to the outside of it meaning, logistically, it would be extremely hard to move anyway.
- is essentially a permanant residence and the landlord DOES NOT live on the residence.

The below case discusses if a boat should be classed as a land structure and fall under the Housing Act due to sufficient annexation in a similar way. Though the occupant was outside of contract and I don't fully understand the wording throughout.

http://www.bailii.org/ew/cases/EWCA/Civ/2000/425.html

Any advice would be hugely appreciated as I know I have to move off the boat (it is being tugged away on 31st July) but I don't want to be out of pocket if I have to move to a more expensive dwelling to retain the same standard of accommodation.

To add to my last point about being out of pocket.

I also work Monday - Friday, 8am - 6/7pm most days so looking for accommodation is going to be hard and I may have to take time off work to do this.
As I will be moving away from London in September (I was on a 6 month work contract and hence made sure I was on a 6 month housing contract) - I think it will be harder to find a 1.5 month contract without paying a premium price.

Thanks,

James
Post edited at 11:39
 ByEek 04 Jun 2015
In reply to James Malloch:

Sounds horrendous. I would have thought at the very least they should compensate you for any rent you may have overpaid. Are there any clauses in your contract for early termination? The other thing you could consider is to stay put??? The legal process for forced eviction likely takes more than 3 months although I have no idea what that you would do to your credit rating and they could always take the boat / your stuff whilst you were at work.

As for alternative temporary accommodation - have you come across Spare Room?

https://www.spareroom.co.uk/

Good luck!
OP James Malloch 04 Jun 2015
In reply to ByEek:

Thanks!

I've only paid up until the end of this month so I wouldn't actually need any money back unless I left before then and as you say, if we just stayed they would have problems, especially as they intend to move the boat the day following the notice to leave date.

Regarding the clauses there are some bits which mention termination with one months notice on their part. But I have seen contradictory bits online as to the rules around this so I'm not totally sure...
 ByEek 04 Jun 2015
In reply to James Malloch:

Well - it is a bummer but I am going to be guessing your time is probably best spent finding something else rather than wrangle with the legal ins / outs. Pick your battles and all that. Still doesn't make it right though.
OP James Malloch 04 Jun 2015
In reply to ByEek:

Yeah I'd agree with you on that point.
I spoke to them yesterday and they essentially said they will help me find somewhere but they wouldn't imagine they would offer something for the same price and I would have to probably increase my budget. Also the short term aspect could also be a problem.

I'd like to get a bit more of a legal aspect to go back next week and say (if I can):

I want a house for the same amount, I want it to be of the same standard, I want it to have the same facilities, I want it to be for the remaining 7 weeks of my contract, I don't want to be exposed to moving fees, etc etc.

But it's the understanding of if this is reasonable and their obligations to me as a tenant that I don't understand at all...

I should have just stook with a house!
 dingbat46 04 Jun 2015
In reply to James Malloch:

Sounds like a pretty crap situation to be in, but I agree with other posts - pick your battles. Keep them on side and they may find something that is within your requirements and give you first refusal on it.

Or buy yourself a van......

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