Application of RRO

[stevew]

Re the following circumstances I would welcome views on whether the RRO applies and to what extent.

My understanding is that the buildings in question include a large country house separated into flats and individual properties.  All accomodation is provided as a condition of employment.

I am aware that the RRO appies to the common parts of the house however the fact that the accomodation is a condition of employment does it extend to within the flats/individual properties.

stevew   

[Midland Retty]

I would suggest that the RRO doesn't apply to the flats / individual properties at all, just the common / communal parts.

[AnthonyB]

If it is staff quarters and can only be occupied by staff and isn't on general rental to anyone as private dwellings then I would lean towards the whole lot coming under the RRO and use the Sleeping Risk guide.

But it's a minefield as previous cases discussed elsewhere on here show and cleverly written leases & terms may be able to side step responsibility to just the common parts - it's all about the legal status of the accommodation.

If the RRO doesn't get them, then the Housing Act & LACORS Guide might - residential can be a nightmare!

[CivvyFSO]

It could depend on whether a member of staff has exclusive use of the room(s). If they are actually living there under any sort of tenancy, then it is definitely domestic. If they occupy the room just on their working days, then they are not really living there. It is a funny one and it goes much deeper than the RRO if it is ever challenged.

Uratemp Ventures Limited v. Collins is a good one to look at:
http://www.bailii.org/uk/cases/UKHL/2001/43.html