Service Occupier Inspection

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    Service Occupier Inspection

    I want to inspect the property of one of my Service Occupiers.
    What notice can I give?
    Can they refuse?
    What canI do if they refuse?
    Does the notice period include weekends?

    #2
    Sorry, what is a "Service Occupier"? Are we talking a residential property?

    Comment


      #3
      It is an occupier with tied accommodation. Basically accommodation which comes with their job.

      If you're not sure, what are the rules for residential property?

      Comment


        #4
        Tied occupation can be an AST, of course- see ground 16 (which would otherwise be meaningless).
        Blueshark: are you both T's employer AND owner of the let property?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          This tied accommodation is a non-AST or so I have been advised.

          Ground 16 of the housing Act?

          Yes and Yes to the last two questions.

          Comment


            #6
            Originally posted by blueshark View Post
            This tied accommodation is a non-AST or so I have been advised.
            Please explain the advice- from whom?

            Originally posted by blueshark View Post
            Ground 16 of the housing Act?
            Yes- see this:

            Housing Act 1988
            Schedule 2
            Part II- Grounds on which Court may Order Possession
            ...
            Ground 16

            The dwelling-house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Property solictors and the County Court he said that I could onyl follow the normal possession order route as she is not an AST tenant due to her service occupanyc status.

              So what does ground 16 actually mean? Does she have rights or not? How can I remove her from the property? Can I inspect the property or can she refuse?

              Comment


                #8
                Ground 16 is applicable to any 1988 Act letting (AST or SAT); so it's clearly possible that a letting 'to the tenant in consequence of his employment by the landlord' can be an AST/SAT or else why so legislate?
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  What if she does not have an AST agreement and just a contract of employment?

                  Comment


                    #10
                    Originally posted by blueshark View Post
                    What if she does not have an AST agreement and just a contract of employment?
                    Depends. If T has no obligation to pay rent to L, it cannot be a tenancy within the 1988 Act: para. 3 in Schedule 1.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #11
                      She pays no rent.

                      Can I inspect the property?

                      Comment

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