My house is tied to my Job - health issue!

Boobydoo

I rent a three bed cottage with my two young children (six and eight). In my rental agreement it states I need to carry out work on the farm. I've been doing this since December 2017, but over time I've experienced real pain in my feet and hands. It turns out hi have Osteoarthritis. I'm not someone to wine about things so I'm just cracking on, but I know that I am making myself worse.
If I give up my job, it means I have to leave the house too. An awkward predicament as I will not have a job, so how will I be able to go elsewhere and rent?

My tenancy is an AST which automatically rolled over after May this year.

With all this going on I have applied to the Council for affordable housing, and at present, am waiting for my application to be reviewed. I'm off tomorrow to collect a copy of a report which points out the problems with my feet.

My main question is that I know I must leave the job, but if I do then have I made myself homeless intentionally in the eyes of the Council? How do I get the ball rolling? Should my employer terminate my contract of employment?


The second questions is linked to the first. My employers land agent didn't protect my deposit. They've now done this, but I've read that a section 21 would not be applicable due to this mistake. They can't serve a section 8 as I've always paid my rent on time, every time. So can they only terminate my employment?


Just to clarify that I'm paid by my Landlord/Employer each month, and then I transfer money to them for my rent.


Hope someone can give me some advice

anselld

Section 21 can still be valid if the deposit is first returned.

However, there are differing rules for tied accommodation ...
https://england.shelter.org.uk/housing_advice/private_renting/accommodation_that_comes_with_your_job

Boobydoo

Sorry, I should have stated.

The property isn't a tied property, however, because my employer rents his farm then his tenancy states he can only use the cottage for someone working on his farm.

I'm let the cottage under a normal Assured Shorthold Tenancy.

martinthebandit

Boobydoo wrote: »

Sorry, I should have stated.

The property isn't a tied property, however, because my employer rents his farm then his tenancy states he can only use the cottage for someone working on his farm.

I'm let the cottage under a normal Assured Shorthold Tenancy.

Sounds to me that your employer should be worrying more than you.

First step would be to go and have a chat and see what help he can provide.

Boobydoo

martinthebandit wrote: »

Sounds to me that your employer should be worrying more than you.

First step would be to go and have a chat and see what help he can provide.

We are very amicable about this. My boss has metal health issues and so I'm trying really hard not to put too much pressure on.

He cannot provide any help - that's the long and short of it.

I just need to know how to go about starting the ball rolling so that I have at least a chance of getting social housing. I'm a single Mum so my priority is having a roof over the children's heads.

moneyistooshorttomention

Is there anything down there in writing specifying exactly what is meant by "working"?

If he had the will to do so - could he say you were "working" for him if you were, say, feeding chickens for him (dont know how long that takes? but imagine 30 minutes scattering corn for them each day wouldnt be physically arduous and it would be "work").

kazwookie

Is there any other work on the farm you could do? ie admin work? washing farm yard down?

As above, how long each day / week does the work have to last for on the farm, is that stated down any where?ie 40 hours / 2 hours or what?

If you do leave the farm, what will you do for your work in the future? that will not effect your hands and legs?

Good luck.

ThePants999

Boobydoo wrote: »

They can't serve a section 8 as I've always paid my rent on time, every time. So can they only terminate my employment?

Rent arrears aren't the only grounds for a section 8 eviction. Ground 16 is "the property was let to the tenant as a condition of their employment but the employment has now come to an end." So if they do terminate your employment, they can also evict you via section 8.

moneyistooshorttomention

ThePants999 wrote: »

Rent arrears aren't the only grounds for a section 8 eviction. Ground 16 is "the property was let to the tenant as a condition of their employment but the employment has now come to an end." So if they do terminate your employment, they can also evict you via section 8.

That wording seems to imply that "employment" isn't defined at all closely - and could indeed therefore amount to only short periods of work and/or changed duties.

martindow

I believe people who have retired from agricultural work are allowed to continue living in tied cottages. If you could be considered as retired, albeit early for medical reasons, that might allow your tenancy to carry on.

Slinky

If you cant do the work will the farmer want the cottage for somebody else who will do that work, or is your work just a means to an end for him to get some rent from the cottage?