urgent advice needed dont know where to post

[mehdismummy]

friend got the sack thursday and today got a letter saying they had to be out of the flat on sunday, the maanger has also told friend that if they not out be sunday she will change locks to flat and get the baliffs to throw friend out and she will lose deposit, can they do this?

So presumably we're talking about tied accomodation?

1. There aren't going to be any bailiffs working on a Sunday or BH Monday, so that part of the threat is bollocks.

1. She must have some security of tenure even if it's just a month's notice after the sacking.

Am a bit confused about the deposit bit, though, which implies it isn't a tied flat.

More info pls

she worked for a company that had a flat above the job, she had to pay weekly rent and a bond each week until it reached £1000, she didnt need to live above the job to carry out duties, does that help?

she was sacked at 5pm thursday night btw so not even a day!

can they change the locks?

Depends what it says on her contract. It's extremely unlikely that she will have anything less than a month's grace.

Sounds as though they're taking advantage of the fact that she won't be able to see a solicitor till Tues at the earliest.

All I can say is, don't answer the doors to the bailiffs if they turn up (and as I say certified bailiffs don't work Sundays) and if she has any hassle she should keep the door locked and bolted and call the police. They won't be able to do anything much but should tell the employer/landlord to leave her in peace at least for a week till she can get advice.

I found this:

Q I am living in tied accommodation and I have just retired. My employer has told me to leave, what do I do?

A You should not leave your tied accommodation until you have seen a Housing Advisor.

In order to repossess the property your landlord should serve you with a legal Notice and the Housing Advisor will be able to check this for you.

Not quite the same situation, but your friend should contact Shelter or CAB.

See this from Shelter Scotland.

The main thing is that your friend must NOT voluntarily leave until he/she has found alternative acomodation he/she can afford. She must be given formal notice and then be evicted. If she is made homeless that puts her in a much stronger legal position than if she just voluntarily leaves.

No one can physically drag, intimidate or lock your friend out of the property. If they try she can contact the local authority housing department and police and they will come down on the perpetrator like a ton of bricks.

If your friend feels intimidated I think she should contact the local authority and police right now and ask them to talk to the owner of the property.

she has someone with her now but is afraid to leave the flat in case they change the locks, thanks guys apparently she is either service occupier or a service tenant

From the Shelter link, I'd say she's a service tenant and therefore has normal tenancy rights. She should contact the ploice immediately if anyone turns up trying to evict her or change the locks.

"If you have a service tenancy, you should have the rights of a tenant. These rights will differ depending on:

• who your employer is
• what kind of accommodation you're living in
• what kind of tenancy agreement you have.

For example:

• if you have a service tenancy and your employer is a private company or individual, you will probably have a short assured or assured tenancy"

PS, there's not a proper bailiff in the country would touch this witout a Court order.

they also dismissed her after 7 years service without any record of problems, they market themselves as the best chain for employees too

IIRC, she was accused of gross misconduct? Not that that should affect her tenancy rights.

If she fears for the locks being changed on her, surely she can change the locks on them?

In my case, I've been advised that as a paying tenant I have the rights of quiet enjoyment above and beyond the clauses of the tenancy agreement. Again depends on her agreement, but usually reasaonable human rights trump any contractual ones.

Tell her to get her behind down to the CAB pronto.

i sincerely doubt anyone would be able to do anything without a court order and that will take longer than a few days or even weeks, months possibly.

Poor woman, I hope she gets some tailored advice soon, to put her mind at rest, I know only too well how gut wrenching it is to have this hanging over your head.

Tell her to get on the shelter website and have a nose about on there. Landlordzone is a good place to have a look too!

our other friend rang shelter who have advised she is a service tenant and the company have to follow correct procedures with notice and the lady they spoke to was outraged that they were so blatanly doing this to someone, she also advised to change the locks and that they were at risk of a massive fine and possible sentence for harassment. she is gonna ring local council in the am, also they would be braeking the law to change locks, the baliffs cannot call without a court order and if anyone tries this to call the police, re the sacking she is ringing acas as soon as it reopens regarding the alleged gross misconduct case

Excellent news, I'm glad she has support.

The owners of the property have to follow due process, which does not allow for a person to be thrown into the street with 48 hours notice, unless the person has done something completely appalling (such as using the flat to dispose of murdered bodies or trying to burn it down) in which case your friend would already be being housed At Her Majesty's Pleasure. Attempts to remove her from the property by force without a court order are illegal and she can call the police on anyone who tries it.

You've had some good advice here about the position regarding the flat and I'm glad she is getting support.

Looking at the other aspect, I think it is very likely that your friend has been unfairly dismissed.

The basic requirements for a fair dismissal are:

• Issues should be dealt with promptly
• The employer must act consistently
• The employer must investigate to establish the facts
• The employer must inform the employee of the problem
• The employee must be given an opportunity to put their case before any decision is made
• The employee has the right to be accompanied at any formal disciplinary meeting
• The employee has the right to appeal against any formal decision

Unless all of these steps were followed your friend has been unfairly dismissed. From what you've posted here, I suspect she has at the very least been denied any right of appeal. I also wonder if she was given a proper opportunity to put her case and was informed of her right to be accompanied to the disciplinary meeting (if there was one).

If she takes her employer to tribunal for unfair dismissal, her compensation will be increased if they have not followed all the steps above.

Even if they had followed all of these steps, I doubt an employment tribunal would agree with that lending the keys to her flat to someone else was a disciplinary offence unless it posed a clear risk to the security of the pub or there was something about this in the company's policies and procedures.

I suggest she contacts the HR department as soon as possible and tells them what is going on. From what you've said, I think it is quite likely that the landlord may be acting without the knowledge of the chain who employ him. I suspect they would be very interested to hear about his behaviour.

df went to polices station and told her to dial 999 if they change the lockd