Leaving a Tied Cottage

[jt3]

My brother-in-law would like to resign from his job as a "handyman gardener". But he lives rent-free in a tied cottage as part of the job. He cannot recall signing a contract of emplyment which might have explained his rights in relation to the tied cottage if he resigned. Is there anything that sets out his rights to the tied cottage or would he have to leave it on the day that he leaves his employment?

[bednobs]

common sense tells me he would have to leave it when he resigns, because the "rent free" bit is probably in lieu of wages (ie his wages are lower because the prioce of the rent or at least a proportion of it is taken out of his wages)

[Tit-4-Tat]

This question is surely a wind-up

[jt3]

I promise you that this is an actual situation, not a wind-up.

[bednobs]

what do you think "tied" means? it means it is tied to the job, so if yu leave the job, you leave the house!

[jt3]

I understand that the job and the house are connected but is there a period of grace during which you can continue to live in the house while you seek a new place. Or is it the case that you leave the house on the day you leave the job, which sounds draconian to say the least.

[CheekyChops]

Yes but you must know that you are going to hand your notice in so surely you start looking for somewhere else to live at the same time as you start looking for another job!

Think if it like this, the owners/employers will probably want to replace your B-I-L straight away and if the cottage comes with the position, the new person will want to move in straight away, not a month later.

[themas]

This is not necessarily straightforward. He may be a service occupier, or a service tenant. He may have some security or tenure or none. It all depends on the reason why he is in a tied cottage, on whether his wage can be shown to have been reduced because he has the cottage (i.e. he is in effect paying rent by getting less pay) etc.

He obviously needs to leave as rapidly as possible, but if he is worried he won't be able to go by the time his notice expires then he could ask for advice from his local CAB - giving them details of his specific circumstances.

[Heidihi1301]

your brother needs to time it so that once he has secured a new position of employ, he assures the previous employer the same notice on the cottage as for resigning from employment. he should be looking already at ptivate rental. he could always find somewhere else to live before he needed to leave the existing property. my brother in law and sister were told, and expected to leave their tied property the day he ceased employ, to afford the new employee the same luxury of accomodation that they had. this is logic really and only fair. you cannot expect any other really.

[Datadogie]

On my understanding you will be required to vacate the cottage if the landlord requires it for in your case another Gardener.

If I may hijack this thread (found this site (thread) as am in a tied cottage situation myself)
I have just been told that my tied cottage and others on the estate are to be sold in 3 to 5 years time. I am 52years old (born and bred in this cottage) giving me hopefully 13 years more employment here.
My question is. If I am evicted and have to move to council housing am I entitled to compensation to cover for the difference in pay ( pay is not the right word) eg tied cottage �1.00 per week Council house �75.00 a week.

[themas]

There are a lot of possible issues here:-

1. Is the landlord breaching the employment contract if he sells your home & you are evicted? This probably depends on the exact wording of the contract.

2. Are you an agricultural occupier, because different rules apply to them than to others?

3. If the home is sold will you be evicted or will you be offered a tenancy (presumably at market rent) by the new owner?

4. Will your employer increase your wages to compensate for loss of the low rent home? This again probably depends on the wording of the contract, and it may be something you could take to an employment tribunal as a complaint against the employer.

5. If you are evicted, will the Council have to house you? There are only certain categories of homeless people the Council has a duty to house.

6. Could you get help elsewhere with rent? Depending on your income and savings (if any) you might be entitled to housing benefit and council tax benefit.

You will need advice on these issues and a good place to start might be your local CAB, but I suggest that - as this is apparently so long into the future - that it might be better to leave it until nearer the time. If (as you imply) other employees will also be affected it would be best to act as a group if you can.

[Datadogie]

Thank you for your reply.
We have our unions involved. But as a I keep saying all suggestions will be considered.