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SolicitorRM
SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 5978
Experience:  Director and Principal Solicitor. UK
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To whomever can help, Can I legally provide accomodation

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To whomever can help,
Can I legally provide accomodation that is for contingent workers only and only provided on the basis of providing a set amount of service or work within a set period; but under a licence agreement? Like when builders live on a work site, can they be accommodated on a licence agreement as apposed to a tenancy?
And would this be classed as a contractual licence or something else?I am looking to provide accomodation that would only be available to contingent workers I have entered into agreements with, for a set gig or period of time etc, but where them living in the accomodation is an option instead of a requirement. An available option for independant contractors etc should they need it when on site.
I have no wish to be a landlord etc but I would like to be able to dismiss a contractor from the accomodation should they not be fulfilling their end of an agreement or quit etc. To this end it would appear that a licence agreement would be preferential to a tenancy at first glance. But I am unsure on the details. (I have tried reading them but they confuse me).I believe such an arrangement is possible under uk law, but how would I go about implementing such a setup please? And what info would I need etc?Respectfully,
Steven.

Good day welcome to justanswer.

I am a solicitor and It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position

Please note that although I can guide you just answer does not provide legal representation and as such no solicitor/client relationship is formed.

Customer: replied 12 days ago.
Okay.

I may not respond immediately as I am in court. I will review the document once done. Rest assured I will do it today

Customer: replied 12 days ago.
Thankyou

Thank you for your continued patience. It is possible for you to offer them as licence agreements as long as you are going to ensure there is no permanency in what you are offering them; no exclusive use of a set property to your exclusion and ensure you do state it is a licence agreement and not an assured shorthold tenancy agreement and supporting this by ensuring you do not provide for fixed terms or protection of their deposits. What you should not do is to offer in substance a tenancy with the only thing that says licence being the paper its written on. If what happens on the ground in substance equates to the requirements of a tenancy with security of tenure the courts will ignore the paper.

Any follow up please do not hesitate to send your message, I am glad to guide you further or to clarify anything. Thank you for contacting just answer. All the best.

Customer: replied 12 days ago.
if I provide a document for them to sign that states:1) They are signing a licence agreement and will have no right to exclusive use of any part of the property.
2) While they may be allocated a room or bed etc at any given time management reserves the right to move them should they need to.
3) Any money payed upfront for use of the rooms will be non refundable if they fail to use the room and/or facilites for which they have paid.
4) Management reserves the right to eject them from the property at any given time should arrangements or relationships between them the licencee and management, or the company, be deemed to be no longer tenable by management
5) That accomodation is provided to contingent workers on the understanding that said workers will complete a series of tasks and/or volume of work. And that should they fail to complete said work or agreed upon tasks, for whatever reason, then the feasibility of their continued stay will be reviewed.
6) They the licencee will reside at the accomodation at the discretion of management and no monies paid or length of agreed upon work arrangements should be inferred or construde as a legal right to reside at the accomodation for any fixed period of time.Would that cover me?And what what make things substantially a tenancy please? I don't quite understand that bit. I have read up on it but I am still confused.
If the licensee agrees to not have exclusive rights in writing should that not enough?
Could you please elaborate.

Thank you for your message and you have covered 98%. You must state specifically in that agreement that the agreement does not amount to a Fixed Term Tenancy Agreement; Periodic Tenancy Agreement or Assured Shorthold Tenancy agreement and therefore the rights that attach toprotection of any money paid in advance as holding deposit is not to be protected in any scheme.

State expressly that the licensee does not have any security of tenure.

SolicitorRM and other Property Law Specialists are ready to help you
Customer: replied 11 days ago.
Oh, okay. Thankyou for your time

You are welcome.