[James Malloch]

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.

Thanks,

James

[James Malloch]

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.

[a dense loner]

No idea I'm afraid but I'd lv to live on a boat like Quincy

[SA Chris]

No idea I'm afraid but I'd lv to live on a boat like Quincy

Me too, or Sonny Crockett.

Not much use, but maybe the agent is a Split Enz fan

[johnx2]

Sounds a bugger but I'm sure you'll be reet...



(Note: this post does not constitute legal advice in a formal sense).

[shark]

It sounds like it is a strange licence if its not an assured shorthold tenancy. If the licence says 6 months they cant legally evict you and it very much sounds like you are being bullied. Their claim of a verbal agreement wont wash next to a signed licence so dont get sidetracked here on who said what. I would be surprised if the fact it was a boat made any difference to them reneging on the duration of the tenancy.   

Given that the Agency aren't being helpful in sorting out alternative arrangements for a mess of their own making then your next 'port of call' is the local Council Housing department and Citizens Advice https://www.citizensadvice.org.uk/about-us/how-we-provide-advice/advice/

[lagerstarfish]

give Shelter a call for housing advice

0808 800 4444

[tomtom]

+1 for CAB

[SA Chris]

'port of call'

Very good.

[petekitso]

Not really my area and usual disclaimers about legal advice apply but I don't think you can have an assured shorthold tenancy of a boat, even one which is unlikely ever to move. That was the effect of the case report you mentioned (annexure in this context means a permanent attachment to the land). There is another more recent case which confirmed that position even where the boat could not be moved without being destroyed in the process.

If that's right then you are probably left with a simple licence which is just a contractual right to live there rather than an 'interest in land'. I think there are some underlying statutory protections against being evicted from any dwelling which may help but that would really depend on whether the reason for eviction is reasonable ie has the boat become /been certified as unsafe or is it just more expensive to insure?

In terms of damages for a breach of contract, the measure of damages is typically the amount necessary to put you in the same position you would have been in had the contract been performed so there must be an argument that IF the eviction is a breach of contract, the damages payable would include the additional costs you incur in securing alternative accommodation for the period until you could have been evicted in accordance with the contract (ie the initial six month term).

Having said all that, having a contractual right to damages does not mean that is is going to be simple or inexpensive to enforce those rights. . .

The questions you need answered are (1) do you definitely not have a tenancy? (2) what are your rights under the licence? (3) what are the 'insurance issues' which require the boat to be moved and does the owner have the right under your licence to evict you in those circumstances.

I suggest you have a look at the licence. Write a letter to the owner/agent explaining that you think it is a breach of their agreement, that you are seeking advice and setting out the additional costs which you are likely to suffer. CAB is worth a go. There is some limited public funding available for housing type litigation which may be available to you. I would think about contacting a firm with a specialism in housing litigation and checking with them whether public funding is available: be clear that you are not paying for that advice and speak to a least two firms if you can. They should be used to responding quickly.

Shitty position to be put in - good luck with it all.

(Sorry for the tedious length of this post. (I have enjoyed being able to read about climbing on here over the last few weeks without being interrupted by political broadcasts. I didn't want to leave a legal advice vacuum . . .))