Emplaoyment accomodation question

[kulture]

A friend of mine works for a large pubco. He shares accomodation with the pub manager. A simple flat share. Both pay rent seperately to the pubco. He does not NEED to l ive in the accomodation to do his job. In fact he is only contracted 12 hours a week but typiclly works 35+.

The pub manager has resigned and my friend has been told that when the manager leaves he too must vacate the flat. They say that they only need to give 24 hours notice but have generously offered 7 days notice. They want him to continue as an employee, indeed they want him to stand in as manager whilst they are recruiting a new one. They only need him to vacate when they get the new manager. Unless the new manager does not want the flat.

This does not sound legal.

 

[AlanJ1]

A friend of mine works for a large pubco. He shares accomodation with the pub manager. A simple flat share. Both pay rent seperately to the pubco. He does not NEED to l ive in the accomodation to do his job. In fact he is only contracted 12 hours a week but typiclly works 35+.

The pub manager has resigned and my friend has been told that when the manager leaves he too must vacate the flat. They say that they only need to give 24 hours notice but have generously offered 7 days notice. They want him to continue as an employee, indeed they want him to stand in as manager whilst they are recruiting a new one. They only need him to vacate when they get the new manager. Unless the new manager does not want the flat.

This does not sound legal.

This could get really messy. Does he have any lease or documentation at all?

 

[Bob Morgan]

This could get really messy. Does he have any lease or documentation at all?

Or another job?

 

[kulture]

He has a contract of employment and staff manual and the rent is deducted from his pay by the pubco. So there is probably enough paperwork to prove some kind of tennancy.

The problem is not so much the job, but more importantly a place to LIVE.

 

[Newchodge]

He has a contract of employment and staff manual and the rent is deducted from his pay by the pubco. So there is probably enough paperwork to prove some kind of tennancy.

The problem is not so much the job, but more importantly a place to LIVE.

I think that, to prove a kind of tenancy, you need a tenancy agreement.

 

[Gyumri]

This may assist:

Service occupancy or tenancy: the differences

Certain types of employment often provide accommodation as part of the employment. Such accommodation is sometimes referred to as tied accommodation or service occupancy. In law it is a residential licence.

www.netlawman.co.uk

 

[Newchodge]

This may assist:

Service occupancy or tenancy: the differences

Certain types of employment often provide accommodation as part of the employment. Such accommodation is sometimes referred to as tied accommodation or service occupancy. In law it is a residential licence.

www.netlawman.co.uk

"An employer may offer accommodation to an employee merely because it is convenient to do so, for any number of reasons. That does not create a service occupancy."

As there is no tenancy agreement either, I don't think the occupier has any rights, but I am not an expert in hosing law.

 

[WaveJumper]

I hope they are going to treat him to a nice Christmas bonus for stepping in as acting manager.

 

[Gyumri]

He is paying "rent" to the Employer so the employment contract should set out the terms of occupation in the absence of any separate tenancy or licence agreement.

It might help to know on what basis the former manager was occupying the property and on what basis the OP's friend was let into occupation. It could be on the same terms.

There must be some written agreement with the employer that can be referred to.

As for finding a place to live I would stay put for the time being until the legal position is clarified.

The relationship sounds like a contractual licence to occupy however if the OP's friend and former manager enjoyed exclusive possession then it must be a service tenancy.

Either way 7 days notice to vacate residential accommodation is likely to be viewed by a court has highly unreasonable. Three months minimum would be more appropriate.

 

[Newchodge]

The manager (probably) had a service tenancy. They offered to allow someone to share the property and the landlord agreed they could do that. No rights, I am afraid, but some negotiating strength if they are going to be acting manager.

 

[UKSBD]

He has a contract of employment and staff manual and the rent is deducted from his pay by the pubco.

Before or after his pay has been taxed?

 

[kulture]

Before or after his pay has been taxed?

good question, I will ask.