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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3655
Experience:  Two years conveyancing experience.
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I am recently retired, I have rented a bungalow (through an

Resolved Question:

I am recently retired, I have rented a bungalow (through an estate agent) since October 2013. last month I was contacted by local council planning enforcement officer,who informed me that there was an agricultural tie on the bungalow and that I did not qualify to live here. This was the first I knew of such a tie and contacted the owner and agent. The owner told me that she was persuing through a lawyer to get the tie lifted. My questions are:
1) What is my legal position, can I be evicted by the council and what would this entail.
2) If this were to happen, could I recover expenses from the Council/Owner/Agent, for uprooting ourselves and moving, having had no knowledge of this and having been placed in this predicament through no fault of ours,and have complied completely with the contract(standard letting type).
Submitted: 3 years ago.
Category: Property Law
Expert:  Alex J. replied 3 years ago.
Hi

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

What type of tenancy do you have? Is it an Assured Shorthold Tenancy?

Kind regards

AJ
Customer: replied 3 years ago.

Yes, Assured Shorthold Tenancy

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Potentially you can be evicted especially if there is a requirement that the property must be lived in by a farmer. This would be a planning and use class issue.

However your tenancy is effectively a contract with your landlord. If your landlord has let you the property it would be an implied condition that the landlord is not in breach of any planning or use requirements. In which case if you were evicted the landlord would be in breach of contract. The off shoot of this is you would be able to claim damages from the costs of finding alternative accommodation and any other losses you have suffered as a consequence.

Has the landlord said they will try and seek permission for you to stay?

I look forward to hearing from you.

Kind regards

AJ
Alex J. and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you,The landlord is clearly in the wrong as she knew there was a tie , but says that she is trying to get this changed on the basis and because the property has been let for over ten years to non agricultural tenants.This is OK for her, but we were not informed of this and would not have rented on this basis. We are most worried about is if it were to come to the worst,and we had to move,and the landlord would not reimburse as amicably, what would be the best course of action.ei county court? We have a fixed income and could not afford legal costs .

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The most important thing to do at this stage is to keep a record of all your costs that might be incurred.

Let the landlord deal with the council. If there is a further indication that you may be evicted then write to the landlord and ask her to confirm she will pay all your losses resulting from having to find temporary or alternative accommodation.

I am afraid if she wont agree a settlement amicably you will have to go through the county court. You can however make the claim yourself here - https://www.moneyclaim.gov.uk/‎

Also you can put pressure on the landlord to settle by making a complaint to Trading Standards if she has misrepresented her right to let the property. www.tradingstandards.gov.uk/‎

I look forward to hearing from you.

Kind regards

AJ