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Hi, can anybody out there clarify a situation for me?

 

My employer is my landlord and I have an assured shorthold tenancy, renewable annually. One of my work colleagues has said to me that an employer can't house an employee on such a tenancy. I can't find any info to this effect online.

The charity I work for has some people in tied housing, others un housed and myself with an AST.

What d'ya think......

Thanks in advance.


Bear with me.

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Guest Old_andrew2018

One of the experts might know, so I am BUMPING your thread

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Is the housing you live in reliant on your job position? There is a tenancy agreement whereby condition of living on the property is to still be employed with the company.

However I don't think there would be something preventing an AST being issued, it just wouldn't be possible to evict you on losing the job. (Don't quote me on this not 100% so will leave it up to someone else)/


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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Dependent on who they are I think they can, but post an edited copy of your AST here, so we can comment further.

 

Local Authorities, for instance, can't let their housing stock as AST's; they have to do it by way of Company Lets, to get round the Housing Act's, which is easy enough to set up.

 

For more information also look at page 34 of http://www.communities.gov.uk/documents/housing/pdf/138289.pdf but for ease of reference it states:

 

"Tenancies which cannot be assured or shorthold tenancies

The following tenancies cannot be assured or shorthold tenancies:

• a tenancy which began, or which was agreed, before 15 January 1989;

• a tenancy for which the rent is more than £25,000 a year;

• a tenancy which is rent free or for which the rent is £250 or less a year (£1,000 or less in Greater London);

• a business tenancy or tenancy of licensed premises (where alcohol is sold or consumed);

• a tenancy of a property let with more than two acres of agricultural land or a tenancy of an agricultural holding;

• a tenancy granted to a student by an educational body such as a university or college;

• a holiday let;

• a letting by a resident landlord – see section 1.2;

• a tenancy where the property is owned by the Crown or a Government

Department: however, lettings by the Crown Estates Commissioners, the Duchy of Cornwall or the Duchy of Lancaster may be assured tenancies;

• a tenancy where the landlord is a local authority, a new town, a development corporation, a housing action trust, or a fully mutual housing association.

 

Tenancies which can be assured but not shorthold tenancies

The following tenancies cannot be shorthold tenancies:

• a tenancy replacing an earlier assured tenancy with the same tenant which has

come to an end unless the tenant asks for a shorthold tenancy (see section 5.5)

or a statutory periodic tenancy arising automatically when the fixed term of an

assured tenancy ends;

• an assured tenancy which the tenant has succeeded to on the death of the

previous regulated (pre-1989) tenant;

• an assured tenancy following a secure tenancy as a result of the transfer of the

tenancy from a public sector landlord to a private landlord;

• an assured tenancy arising automatically when a long leasehold tenancy expires."

 

As an aside, I read one of your other posts where you left tied accomodation to take an AST from your employer (sorry, I used to lurk on forums such as this, an old/bad/useful habit!). Was your move done with your full knowledge of the rights you were giving up?


As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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