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Question about tenancy

2 replies

CoyoteKid · 07/06/2023 12:42

Ive name changed for this as dont want to be identified

Im also going to change a few things but the basic premise will be the same

We run a seasonal campsite on an organic sheep farm. We have one man who worked for us for a few years doing basic site management. originally he had a relationship breakdown and asked if we could help, and we allowed him to temporarily put a motorhome on the land and to take on this role in exchange for 'rent'. It basically had worked out at about a day a week's work which seemed fair because we had previously had WWOOFers who had worked on a similar set up as they had their own vehicles, but of course had moved on after shorter amounts of time. This original guy also did some extra work for us, which we paid him for - he was self employed so invoiced us.

At one point he was mentally unwell and couldnt work, and he went elsewhere for a year and a half in his motorhome, before returning a couple of years ago to help with our busy period.

Last year he decided to leave again over winter, which worked well for us because our set up has changed, and there wouldnt have been any work onsite during the winter anyway to justify his work for rent arrangement. we believed he had gone for good and started to look around for local help to fill the gap for this season.

However back in Feb he contacted us and asked if he could help again this summer. My partner was a bit so so about it, having had a few run ins with him, but basically said if it was just for the summer and it would make my life easier (it does) then she would be OK with it, so the guy moved back and has been helpful since then, and doing some extra work, again invoicing us for that.

He had asked about staying over the winter, and being paid less in exchange for future rent, but my partner was adamant that this was not the deal now, and that it was simply seasonal as was discussed. We dont have any contracts because it was an arrangement that was similar set up to WWOOFing - a work exchange. And because we dont really employ him, he invoices us for any extra work, as that is his trade.

It looks as if he has been speaking to a local support agency, who are helping him to secure some permanent accommodation - they have asked him to ask us to provide him with a letter that states that as from the end of the season he wont be able to stay here. And also that there is no water or toilet available - they've told him to reassure us that we 'wont be in any trouble, its just to prove he is homeless and that his accommodation (which is really basic and quite rundown now) is uninhabitable. During the time that we are open he uses the toilet and shower blocks at the site, but as they are seasonal and pipework is above ground, this is all disconnected in November. In previous years there were other facilities available, but due to the changes mentioned above, these are no longer available, so any work exchange was always going to be seasonal.

Now I understand that the support agency may say this is all fine, but firstly I am concerned that the council may want to see a proper eviction of some sort? From what I can see there is tied accommodation, and also excluded occupiers. And WOOFers are a work exchange programme that doesnt infer any rights. I am also assuming that any new verbal agreement disregards any previous years he may have been here, as that was terminated last November when he effectively left for good, so we really should only be looking at the seasonal arrangement from this previous March. I havenet even broached the subject with my partner yet until I have the right framework for any letter provided. I work alongside this man, and they have been quite a good friend over the years, so I obviously want to help him secure some accommodation that will help. But ultimately I dont want any problems, or situations which mean we need to go through any kind of legal or stressful situation.

Any advice would be appreciated. Both where we stand, and also how I can word any document to give to the man to confirm that he will need to leave at the end of October, without holding us liable. Im pretty sure he wont try to stay. But my partner only agreed to him coming back to help me, and the last thing I want is for there to be any problems for her, as ultimately it is her farm, and she is the one I have the loyalty to.

OP posts:
TizerorFizz · 07/06/2023 17:27

I’m really not qualified to have an opinion. However my query would be that you have allowed a motorized caravan on a seasonal camping site. What does your licence say about your season and type of accommodation permitted? If it’s for a “season” surely he cannot stay out of season anyway? He is living in a motor home. That sounds homeless to me. I think you must talk to your partner about this. It’s not right to keep secrets. Can you just not employ someone without all this complication? No rent paid so a bit of a tax dodge for you?

CoyoteKid · 07/06/2023 17:33

there isnt a problem in regards planning for where the accommodation is sited, and what is permitted or no. Its quite common for volunteers / WWOOFers to stay and work in exchange for accommodation / food, so I would probably suggest that the arrangement is more like that, and not a tax dodge, especially as he is paid for other work thats done.
https://wwoof.org.uk/en/?gclid=CjwKCAjw1YCkBhAOEiwA5aN4AewHpjX9QQb7GK93oauBCSNU1i8wjp4Ch2DKBO3EVZ6SWnw_RlYxDhoC3icQAvD_BwE

WWOOF

https://wwoof.org.uk/en?gclid=CjwKCAjw1YCkBhAOEiwA5aN4AewHpjX9QQb7GK93oauBCSNU1i8wjp4Ch2DKBO3EVZ6SWnw_RlYxDhoC3icQAvD_BwE

OP posts:
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