Issue 62 October 2017 Village Eye

Make provision
for the things
you love
NEW JOB
(with a little help from us)
Accomodation
& employment
contracts by Liam Connolly
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All work
guaranteed
In the recent case of
Hertfordshire County
Council –v- Davies [2017]
EWHC 1488 (QB) a court
has considered, and given
useful guidance, on the issue
of accommodation tied to
contracts of employment.
The Defendant in the case (Mr
Davies) moved into a school
bungalow owned by the local
authority when he became a
school caretaker in January
2003.
He was later dismissed in June
2015 for gross misconduct but
did not vacate the property
following his dismissal.
The question for the court was
whether or not the Defendant
was entitled to remain in
possession.
By the time of the hearing, the
local authority no longer ran the
school and did not require the
school bungalow for another
caretaker, but the court held
that the Council were entitled to
possession of the property when
the Defendant’s employment
ended.
The court found that the
agreement between the
parties amounted to a “service
occupancy” agreement tied to
the Defendant’s employment.
The Defendant was therefore
required to vacate the property.
The case highlights the need
to understand the distinction
between a service occupancy
and a service tenancy. The
former will provide an employee
with the right to occupy the
property during the term of
their employment, and will
automatically end without
notice upon termination of their
employment. The latter will be
regulated by the Housing Act
1988 and rights of occupier
will depend on type of tenancy
in place. It is a far less certain
place to be.
Where an employer has given
an employee a right to reside in
accommodation tied specifically
to their employment, they should
be mindful of the interesting
issues raised in this case. They
should be careful to ensure
that any agreement is clear in
specifying that an employee is
occupying as a licensee under a
service occupancy agreement
rather than as a tenant under a
service tenancy.
Premises under service
occupancy are deemed to
be vicariously occupied by
an employer, meaning that
the employee does not have
any interest or estate in the
premises in comparison to
service tenancies, and an
employee would therefore have
no rights to remain in property
after termination.
Liam
Connolly is
a specialist
dispute
resolution
solicitor
and can
advise on
all landlord
and tenant
matters.
www.rapidcomputers.uk
email: tam247pcsupport@gmail.com
Freephone: 0800 228 9138 Cedar Gables, Meadow Park, Sherfield-on-Loddon,RG27 0DH
Liam Connolly Rowberry Morris Solicitors
Mulfords Hill | Tadley | RG26 3XJ | T: 0118 981 2992
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