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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3775
Experience:  Solicitors 2 years plus PQE
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An employee has a agreement of employment. The agreement states

Resolved Question:

An employee has a agreement of employment. The agreement states they have use of a property to help perform their duties however they occupy as a licensee only, paying no rent and it states the agreement shall not be construed as a tenancy.

The landlords are now re-financing and it transpires the tenant/employee has not signed the agreement and is now refusing to sign.

Where do the landlords/employers now stand. Is there now a tenancy inforce ? even if the agrement is unsigned, if so would it still be under licence or a ast by default ?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is ***** ***** I will assist you.

The fact that the licence was not signed is not critical. The licence document itself can still be evidence of a relationship between the parties.

What you need to prove that a licence exists is effectively show that a) the parties intended it to be a licence and b) at no point did the employee have exclusive possession. Did the employer for example have keys and regularly enter the property or send a representative?

The rule on this is contained in the case called Street v Mountford.

I look forward to hearing from you.

Kind regards

AJ
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