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Ben Jones
Ben Jones, Solicitor
Category: UK Law
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Experience:  Specialist in UK Law with expertise in UK Employment Law
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I provide accommodation to an apprentice currently training

Resolved Question:

I provide accommodation to an apprentice currently training in my business, can I take back the accommodation but continue to employ him before the end of his course, there is nothing relevant in his contract
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know whether this was advertised in the initial job description.

Customer: Yes it was
Ben Jones :

Thank you for your patience earlier. When an employee (including apprentice) is provided with accommodation by their employer, there are two possible ways in which they could be allowed to occupy the property:



  • Under a tenancy

  • Under a licence to occupy


 


The most common way would be to grant the employee a licence to occupy. Unless there was a formal tenancy agreement in place, or the occupier was granted exclusive possession of the property for a term in return for rent, it is assumed that a licence to occupy would have been granted.


 


If there is an employment contract in place then the first step would be to check what the terms under that contract are and determine the employee's rights that way.


 


In the absence of a contract, the following assumptions can be made: if the employer wishes to remove the employee from the property they may only do so when the licence to occupy ends, which will occur in the following circumstances:



  • If the employment contract ends;

  • If the employee voluntarily leaves the property; or

  • If the employer gives at least 4 weeks' notice.


 


Therefore, if the contract is terminated, the licence to occupy will terminate as soon as the contract ends. In any other case, the employer would be expected to give at least 4 weeks' notice because a licensee who occupies a property as a dwelling is entitled to that notice under Section 5 of the Protection from Eviction Act 1977.

Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 39008
Experience: Specialist in UK Law with expertise in UK Employment Law
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Ben Jones
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Specialist in UK Law with expertise in UK Employment Law