If you live in accommodation provided by your employer, your right to live there usually ends when your job ends.
Service occupiers in tied accommodation
Most people who live in accommodation owned by their employer are classed as service occupiers. Because your right to live in the accommodation is tied to your job, it is often called tied accommodation.
You are a service occupier if:
- it is essential for you to live in the accommodation to do your job, or
- your employment contract says it’s necessary to live in the accommodation in order to do your job better
Service occupiers can include people who are:
- employed as a live-in nurse, carer, nanny or housekeeper
- members of the clergy living in church-owned property
- working in a hotel, pub or restaurant and live on the premises
- caretakers, park keepers or gardeners that live in or near their place of work
You are likely to have different rights if you are a farm or agricultural worker living in tied accommodation.
Your employment contract and your home
All employees have an employment contract with their employer. Your contract may be in writing but it doesn’t have to be.
This contract should for example set out your pay and conditions, rights and responsibilities and work duties.
If you live in accommodation that comes with the job your contract should also set out:
- the rent you have to pay or how much is taken out of your wages to pay for it
- how much notice you'll be given if your job ends
- how much notice you must give if you resign
Sometimes you may have a separate agreement that just deals with the accommodation provided by your employer.
What happens if you resign
If you resign from your job you must leave your accommodation.
You have to give your employer at least one week’s notice. Your employment contract may set out that you must give you more notice.
What happens if your job ends
You should leave when your employment ends. Usually you have the right to stay until your employer gets a court order.
Notice to end your job is also notice to leave your accommodation. Your employer does not have to give you any other notice unless your contract says they must.
Your employer must give you at least one weeks’ notice to end your employment.
You must be given more notice if:
- you’ve been working for your employer for more than two years
- your employment contract sets out a longer notice period
You could be dismissed without any notice in some cases of gross misconduct.
If you do not leave when the notice period expires your landlord will usually have to apply to the court for a possession order. There are some exceptions, for example if you are sharing your accommodation with your employer.
If you do not agree with the reasons for your dismissal, you may be able to apply to an employment tribunal. Unless you are reinstated you will not get your accommodation back.
Find out more from Acas about employee rights.
Getting repairs done
Your contract should set out which repairs your employer is responsible for and which repairs you should carry out yourself.
Your employer is responsible for safety checks on all gas appliances in the property once a year.
They should also make sure your accommodation is free from any hazards that could put your health and safety at risk.
Help and advice
Get advice if you are asked to leave your accommodation or are unsure of your rights.
Use Shelter's directory to find an adviser in your area or get legal advice from a solicitor.
Last updated 01 Nov 2016 | © Shelter