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Joshua, Lawyer
Category: Law
Satisfied Customers: 31620
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I live in accommodation that comes with my job, my contract

Customer Question

I live in accommodation that comes with my job, my contract states I have to Iive in the accommodation during my employment, if my employment is terminated I have to vacate the property. is this classed as a service occupancy and should we get charged for it?
JA: Where are you? It matters because laws vary by location.
Customer: Preston, Lancashire
JA: What steps have you taken so far?
Customer: nothing at the moment, I have been told that you don't generally pay for a service occupancy as its different from a tenancy agreement
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: me and my partner are both employed full time by them, our salary is minimum wage based on 40 hrs a week each. we are being charged £6351 a year for the accommodation plus we have to pay for gas, electric and council tax, the house is attached to the club that employs us so it's all the same building
Submitted: 10 days ago.
Category: Law
Expert:  Joshua replied 10 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 10 days ago.

May I clarify the nature of the role you perform - you mention your employer is a club and that you are required to live in the property under the terms of your employment contract. Is that correct please?

Customer: replied 10 days ago.
me and my partner are stewards at a sports and social club, we are responsible for all the premises and grounds. The club is Committee run with approx 600 members. we are the only ones employed by the club
Expert:  Joshua replied 10 days ago.
thank you. From what you describe, this would appear to constitute what is known as a service occupancy which is an agreement whereby there is a requirement that you must live in accommodation as a condition of your employment.

usually service occupancies and with a job however, where an employee has had salary deducted in relation to your accommodation, they cannot be evicted without a court order unless they agree to leave voluntarily as the money that has been deducted from salaries deemed to be equivalent to rent for this purpose. By contrast, when no money is deducted and the accommodation is ostensibly provided free of charge, an employee can be evicted by an employer without a court order

Customer: replied 10 days ago.
my query is not about eviction it's about whether we should be paying for the accommodation at all, are they legally allowed to charge us or should it come with the job
Expert:  Joshua replied 10 days ago.
it is open to an employer to either charge for accommodation by way of a salary deduction as discussed above order to offer accommodation free of charge. in this case, because your employers charging you by way of a deduction of salary, you will have increased rights ( which I appreciate is not the focus of your question but I mention for the sake of completeness). How much an employer can charge for accommodation would be determined principally by your employment contract
Expert:  Joshua replied 9 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 9 days ago.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 8 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.