Updating post from Reddit.
My employer (Ltd company) paid for my housing (for the last 2 years) and the term ends November 25th. They are so broke they haven't been able to give me a salary for the last 5 months so I've burned through all my savings. Only reason I stuck around was because I believed in their mission and ability to raise...they also gave me a small amount of equity (now completely worthless).
Now I'm staring down the barrel of homelessness and unemployment, can anyone please help? I have nowhere else to go.
I haven't received the EICR, EPC, how to rent guide....but employer may have
I know you have rights as a tenant I.e. section 21 - courts- bailiff. But where do I stand given the tenancy agreement is in the company name??
They LL is gonna ask on Wednesday whether company is renewing ...what's the best move?
Not to add to your problems, but it is highly likely that you should have actually been paying tax on the value of the accommodation, which HMRC may or may not come after you for if they become aware
There are limited exceptions where that does not apply, and from what you write you will not fit in them
The building has a co-working space so technically it's a facilities expense for employer. They have cleared it with accountants who are legit
I would say that advice would not hold up to test, there are 3 specific exemptions under 21.2 sections 99/100:
As you can imagine, working for a startup which has a co-working space with accommodation on site would likely not hold water with HMRC.
that clears the employer not you from paying taxes on it.
Sorry to hear this. Personally I’d get your own ducks in a row with the view that you can’t rely on your employer. Start looking for both another job and somewhere to live. If you are financially struggling then seek advice either by local council or citizens advice. I’m sure others will or can be more specific but first see what you can do yourself.
Thanks, but any idea of my rights as a tenant in this case?
If it's a Company tenancy then you're not the tenant, I'm afraid, the Company is and it is also likely you're not covered under the Housing Act in that case. You will have rights if you are listed as a permitted occupier, but not the same as if you were a named tenant. Check your tenancy agreement if you have it!
So it's in the company name, and I am listed as a permitted occupier... any idea where I could look to find the difference in rights between a named tenant and permitted occupier?
Thanks for the advice!
Come the end of the tenancy fixed term and presumably no more rent forthcoming the landlord would start possession proceedings for eviction.
It might be a company let agreement rather than an ast but either way you should seek new digs asap and sever your relationship with this company. Making sure you're not personally on the hook for any debt between the landlord and the company on the lease would be a priority. Good luck.
You have no rights to live anywhere rent free. Why would you think that is an option. Strangely landlords want to be paid for renting out their property. Shorthold assured tenancies do not have any rights to renewal so even if you were the tenant already, you’d stil have to pass an employment check if you were renewing.
You’ll have to vacate and find somewhere to live or ask the landlord whether they will grant you a tenancy. I doubt it as you now have no job. Probably a good idea to go and look for another job first. You’re going to struggle to get any tenancy without income
Check out legaladviseuk subreddit.
Ok so there's (potentially) a world of problems here.
The tenancy between the landlord and the company can't be a AST as the tenant is a company, it becomes a business/commercial contract.
The fact that the property has been used as a commercial premises (i.e. a co-working space) there's probably a planning breach.
NOTE your landlord is your employer. In terms of your tenancy rights, you appear to be a bare licencee. Your landlord (Employer) needs only give you reasonable notice. At best it's arguable that you are a contractual tenant with basic protection under the protection from eviction act. Correct me if I'm wrong but you don't have a written contract about the accommodation.
Additionally as others have pointed out you may be liable for BIK tax.
Find a new job and home ASAP before you are homeless. Why the hell have you hung around for 5 months! Id give you one or two months because you're a believer in the company or whatever but five months is just naive and or stupid
Not true. A company can rent residential property on ast just like a person.
Tenancy is expiring so would need renewing. Dude hasn’t got a job so no income and nowhere to live.
His bik tax will already have been deducted. I doubt that’s an issue.
But he won’t be able to stay there for free. And he can’t get another tenancy without a job.
s1(a) Housing Act 1988 states that the tenant(s) must be an individual(s). This means that the tenancy between the landlord and company cannot be an AST.
Debatable if there's a business tenancy under the Landlord and Tenant Act 1954 given the way the property has been used
You should be alble to claim for unpaid or lost wages and redundancy via the insolvency service.
But you need to find another job and a new tenancy but probably wait until you're served with an eviction notice, presume the tenancy was in the companies name so playing hard ball won't impact you.
If the tenancy was in your name and your employer paid it you will owe tax on all the rent paid on your behalf. Presume they the did the p11d correctly for the past years?
So the tenancy is in the company name and I am listed as a permitted occupier - p11ds should also been in order via accountants.
Would I still be liable for the tax?
What is your tax code? That will give you some indication if the bik has already been declared or not
If your employer didn’t declare this benefit to HMRC in the first instance then yes as you’ve been underpaying tax that you’re liable for. You should be able to work that out from payslips pd11 and past p60s.
You having accommodation paid for by an employer is a benefit in kind. How you’re listed on the tenancy bears zero relation to this.
I’d say your biggest focus is finding another job and new accommodation pronto.
Is there any chance that you could buy the Ltd co for nothing and make it a success or is it beyond fucked?
Is the property commercial or residential?
Are you liable for council tax?
Were you living in the property a condition of your employment? Did you have a deduction from your pay for the rent?
The property is classed as residential I believe.
It is liable for council tax - has been paid by the company.
I don't believe it was formalised as condition in writing.
No deduction from pay (which as also near minimum wage and hasn't been paid for 5 months...)
OP- I won’t wade in on the employee/employer bit but
With s21 issued
Contact -shelter & council, get advice on emergency accommodation in your area, rules & so on!
DO NOT QUIT YOUR JOB, because that makes you voluntarily unemployed DO NOT LEAVE THE FLAT, because that makes you voluntarily homeless
Both of the above ⬆️ will affect what assistance you can claim!
DO formally request IN WRITING from your employer, a clear indication of when wages will be paid, indicate that you will seek to claim those wages in court if forced to do so!
At the same time request status on housing again with a written response! Don’t accept a conversation
ALSO Pack up your stuff, at some point unless your employer pays the bill, you will be moving out!
Make sure valuables, documents & essential items are easy to grab, you won’t want to leave anything important behind, if bailiffs remove you from property!
Pack that stuff in a couple of suitcases with clothes & toiletries
Your furniture & so on is yours, the owner of the property & bailiffs do not have any right to it & must allow you access to remove your belongings, but they don’t have a responsibility to keep your stuff for months! So think about where you can store it?
Never "Believe in the mission", any company that misses payroll is dead. It's literally "there's no money left".
Sticking around for a private for profit company because you “believe in the mission” is crazy unless you’re a significant shareholder/owner.
When payroll stops, they’re deep in the shit. That’s usually the last thing to stop to make sure the doors still open. Beyond that, it’s charity. There’s also a portability the company is being positioned to pay top level management during the process to leave as little money in the company when they’re forced to wind up.
Exactly. Inability to meet payroll is last resort. Company will already have failed to pay every other creditor, HMRC etc before it stopped paying you.
Likely also owes your landlord a ton of money.
Sounds like you're fucked. Sorry to say/hear, mate.
Look into getting another job PRONTO and ask to pick up the tenancy yourself whenever their lease expires.
What are your rights? You have a right to be paid for your work. Start the claim now before every penny is gone and you might get a few quid if you're lucky.
>Only reason I stuck around was because I believed in their mission
Ewwwww...
>
Now I'm staring down the barrel of homelessness and unemployment
and this is the thanks you get...
You can fill out insolvency and get something like £400 a week for each week of non payment.
You have the same rights as an ast https://england.shelter.org.uk/professional_resources/legal/renting/tied_accommodation/service_tenants
So you worked for free for 5 months knowing this was probably going to happen and didn't do anything?
Sounds like you just need to grow up lol, shit happens and it's up to you to deal with the shit or live in the shit.
You might like to have a look at excluded occupier in this link
I dont get it.. the company is f.cked up!!.. tenant does not care if he receives a salary or not for 5 months!!!.. then the guy says i will f.ck the landlord!! I hope the landlord has every right to f.ck you up till the end!!