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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48209
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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my son is employed by a restaurant and lives in one of the

Customer Question

my son is employed by a restaurant and lives in one of the estate cottages. Today at approx 7pm he was told he needed to be out of the cottage by the end of tomorrow.

the reason is the estate owner (not the management company he works for) wants the cottages and had given the management company relevent notice.

Obvioulsy my son is very upset he has lived and worked there for the last 5 years and considers it his home. He pays his rent direct from his salary and has never failed an inspection by estate managers.

Can they do this? it is fairly urgent as he has to be out by close of play tomorrow!!!
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. Does his contract say anything about h provision of accommodation?
JACUSTOMER-md8iax2x- :

I am not sure but he was certainly taken on with accomodation included and his rent is taken direct from his salary. I think I also need to add he has been offered an alternative accomodation of one room close by ( a car journey) although he has no means of transport and starts work most days at 7.00am and doesnt finish until close to midnight.

Ben Jones :

When an employee is provided with accommodation by their employer, there are two possible ways in which they could be allowed to occupy the property:

  • Under a tenancy
  • Under a licence to occupy

The most common way would be to grant the employee a licence to occupy. Unless there was a formal tenancy agreement in place, or the occupier was granted exclusive possession of the property for a term in return for rent, it is assumed that a licence to occupy would have been granted.

If there is an employment contract in place then the first step would be to check what the terms under that contract are and determine the employee's rights that way.

In the absence of a contract, the following assumptions can be made: if the employer wishes to remove the employee from the property they may only do so when the licence to occupy ends, which will occur in the following circumstances:

  • If the employment contract ends;
  • If the employee voluntarily leaves the property; or
  • If the employer gives at least 4 weeks' notice.

Therefore, if the contract is terminated, the licence to occupy will terminate as soon as the contract ends. In any other case, the employer would be expected to give at least 4 weeks' notice because a licensee who occupies a property as a dwelling is entitled to that notice under Section 5 of the Protection from Eviction Act 1977.

Ben Jones :

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you