You and the Law – 15th June 2010

Branching out

My son is looking for a new job, but he is currently living in a tied cottage provided by his employer.  What is the minimum amount of notice he can be given to move out? 

He says he is paid monthly, so he should be given a month, but he has been told that other managers have been given what’s known as ‘garden leave’ and could be told to vacate the property immediately.  DN

This type of detail is likely to be set out in your son’s employment contract, or any occupational licence he may have for the property.  From a practical point of view his employers would need a court order to evict him if he refused to go, and this could take several weeks.

‘Garden leave’ is where an employer suspends the employee on full pay during his notice period and bars him from working elsewhere.  It is usually designed to prevent an employee using inside information for his or her own benefit in another job. 

It could be that previous managers have been given time off to find themselves somewhere else to live.  During this period of garden leave your son is still technically an employee and should not be asked to leave at least until this period has expired.

Home alone

My husband and I own our house as tenants in common.  In his Will he has left me a lifetime interest in his half of the property.  If he were to die and I wanted to move somewhere smaller, would I be able to sell the house?  AM

Most Will’s these days give permission for the house to be sold and the full proceeds to be used to buy another property for the survivor to live in.

However if the Will is silent on this point, on the face of it you would only be able to sell up with the permission of the trustees, ie the people (presumably your children or step-children) in whose name the property is held on your behalf.  Check this with your solicitor.

This entry was posted in North Ainley News. Bookmark the permalink. Both comments and trackbacks are currently closed.
  • In This Section

  • Thank you to Alison and Jane for their continued help and for explaining the process of divorce easily so we knew where we stood at all times.
    Mrs J A Simpson - Oldham
  • Lisa Wright
    Lisa Wright
    15:05 25 Feb 19
    Cassie was fantastic throughout our sale and would recommend North Ainley if selling or buying a house.read more
    Lynn Findlater
    Lynn Findlater
    18:55 01 Dec 18
    I have used North Ainley for a number of years. They have successfully dealt with my parent's wills and more recently the sale of 2 properties. The staff are exceptional and imparticular Cassie who took care of the whole process from start to finish whilst I was overseas. She diligently chased all third parties and kept me informed at all times. I would recommend North Ainley as they have proved themselves time and again over the last 10 years in all of my family's legal affairs.read more
    Idnan Ahmed
    Idnan Ahmed
    12:57 30 Nov 18
    Excellent service. handled my latest commercial purchase professionally. Would recommend to anyone who is looking for a solicitors who are proffesional and easy to work with. Top service.read more
    Lucy Hoy
    Lucy Hoy
    16:39 27 Nov 18
    Excellent! Very friendly and fantastic communication throughout. Nothing was to much trouble. Thankyou Vinesh and Cassie. Would definitely recommend.read more
    Anil M
    Anil M
    15:11 04 Nov 18
    Fantastic Solicitors firm. Very professional. Close to Oldham Town Centre. Answer all your questions and concerns. Keep you upto date at every stage. I have used this firm for many years in buying and selling property. You can not go wrong using North Ainley Solicitors.read more
    Next Reviews
Menu