Work Accomodation - Excluded Occupier or not?

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    Work Accomodation - Excluded Occupier or not?

    Good evening,

    Some advice if anyone can assist?

    My friend lives in a flat above where he works.

    The flat is part of the whole property - it is included in the commercial lease.

    He does not pay rent. So from my research this means he is a 'Excluded Occupier'.

    But, when pay rises were being shared out, he declined a share of the 'kitty' as 'call that payment for my flat'.

    So. Theoretically it is included in his salary (despite no deductions)? Which then means he is no longer a excluded occupier?

    Lastly.

    Before/during moving in he spent considerable sums on getting the flat to a liveable standard (replaced the kitchen, fixed the power, gas, boiler, removed asbestos, decorated etc). Prior to these works the property was certainly not in a suitable (or legal) state to be rented out.

    Appreciably this is somewhat confusing and messy, but any suggestions on what sort of tenancy he has would be appreciated.

    #2
    Was his 'call that payment for my flat' comment accepted by the leaseholder? Is there anything recorded in writing?

    Comment


      #3
      Is the flat a separate property to the place of work, with its own address and a council tax liability?
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Thanks for the replies.

        The comment was accepted (verbally, there might be a email around) by the leaseholder.


        The flat is seperated from the main property (it's up a flight of stairs outside, has it's own front door etc), has it's own address and council tax bill.

        Comment


          #5
          Rent doesn't have to be money:

          His wages may be lower with his accommodation provided. Does any contract or terms of employment state accommodation provided?

          Does he NEED to live on the premises - eg is on call in case some machine breaks down, 24/7, or is it just a convenient arrangement and he could do the job living in his own flat 10 miles away.

          Could be a tenancy, if so almost certainly an AST.

          Why are you/he asking - what's the problem?

          HE should call Shelter, the housing charity, if these is an issue - 0808 800 4444
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Hmm.

            He is often called upon to let deliveries/workmen in before we are open/anyone else is on site (for example tomorrow there are builders out @ 0730, so he will get up and let them in).

            Strictly speaking he doesn't HAVE to be there as someone else could come and do that (whether they would is another question).

            Contract doesn't mention accommodation.

            He is being threatened with eviction and I wanted to try and clear up what process they should follow (at present they have just told him to leave by late March).

            I will pass on Shelter's number.

            Thank you kindly for the help.

            Comment


              #7
              'call that payment for my flat'

              How much was that payment? If it's less than £1,000 a year in Greater London or £250 elsewhere, then it wouldn't be an AST even if its counted as rent.

              Even if it's not AST though, doesn't necessarily mean it's excluded, could mean common law tenancy provided he can evidence that "rent" agreement.
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment


                #8
                Thanks all for replies.

                Mostly sorted now.

                Due to the messy situation we have helped him move out to somewhere temporary.

                It seemed the best way and avoids too much further stress.

                (KTC, payment would have been a third of £4000, we were offered £4k to 'share how we see fit' between the three senior staff as a token payrise, he declined his share 'for the flat').

                Comment


                  #9
                  Oh.

                  And he has been advised he will receive no reimbursement for works carried out to the premises.

                  Lesson learnt on that front. Hopefully others will read this and bear it in mind if they find themselves in a similar situation.

                  Comment


                    #10
                    Sorry to hear that your friend is not gonna get any money back from the works... The same happened to my cousin when he moved to France, definitely some learning for future experiences.

                    Comment

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