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james scurr
Member - 2 posts
If there is a dispute for unfair dismissal with an employee who occupies a company flat,can he remain in the flat until the dispute is settled.
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Evelyn Styles
Member - 9 posts
Dear James
I refer to your query.
If the employee has been dismissed and no longer works for the company you can make an application to the court for a possession order or eviction order. This is irrespective of any claims he may pursue against your company for unfair dismissal. The type of order granted by the court would depend on whether the employee is a tenant or licensee. If the employee is a tenant then ordinary landlord and tenant rules apply which gives the tenant more rights and securities than a licensee.
If the employee is a licensee then the court has virtually no discretion. It must make a possession order if the landlord applies (subject to the landlord complying with any terms of the licence agreement for example, as to notice).
It is important to note that it is a criminal offence to evict a ?residential occupier? without a court order.
Please do not hesitate to contact me if you require additional advice.
Kind regards.
Evelyn Styles
0207 016 2180
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