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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 71449
Experience:  Qualified Solicitor
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My question is if the hotel is closing down where I was

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Good afternoon. My question is if the hotel is closing down where I was working and I leave in the staff accomodation which is coming with my contract dose it legal for them to put me out within a month?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: Been discussed with HR they say I needs to leave as my contract is finishing. And actually talking about like 25 people who is in hard situtation as covid 19 and we dancing with lockdown also.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: With employees. We are a small hotel for 2 bigs company
JA: Anything else you want the Lawyer to know before I connect you?
Customer: They want to finish out contact on 11th December but they want to leave us on 6th December and close all the utilities

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hi there. How long have you worked for this employer and how much notice are they required to terminate your employment?

Customer: replied 23 days ago.
Hi. I worked 9 months and they required to give one months notice.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Ben Jones and other Law Specialists are ready to help you
Customer: replied 23 days ago.
Ok

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

When an employee is provided with accommodation by their employer, there are three possible ways in which they could be allowed to occupy the property. It could be under any of the following:

- Service occupancy agreement;

- Licence to occupy;

- Assured shorthold tenancy

I will explain each of these scenarios in more detail below:

1. Service occupancy agreement

This is effectively a permission/licence to occupy a property for as long as the employee is employed by their employer. It applies where an employee is occupying a property for the better performance of their duties. It can also be a specific term in their contract which states that they live in a particular property, from which they can better perform their duties. Usually, the employer would retain control of the property and has a right of entry at all times and also the employee does not pay rent.

As long as there is nothing in the service occupancy agreement or employment contract to the contrary, the right to occupy a property comes to an end automatically on termination of employment, without a notice to quit being required, and the employee must vacate immediately.

2. Licence to occupy

This occurs if the employee does not need to occupy the property for the better performance of their duties, but at the same time they also do not have exclusive possession. This can happen when they share the property with others.

To terminate such a licence, the employer will need to serve notice to in accordance with any specific notice period agreed or, in the absence of such, reasonable notice to bring the licence to an end. Usually a month is viewed as reasonable in these circumstances.

3. Assured shorthold tenancy

For that to apply, the employee must be paying the employer rent of more than £250 per year, does not occupy a property for the better performance of their duties, has exclusive possession of a property; and occupies a property for a minimum term of six months.

The tenancy will not automatically end when the employment terminates and the employer will have to follow the correct procedures for recovering possession of the property. If the fixed term of the agreement has ended, the employer must give the employee at least two months' notice to quit. If the fixed term of the tenancy has not ended and is continuing, the employer will have to wait until the fixed term of the tenancy has expired before serving notice as above.