APPOINTING RESIDENTIAL STAFF
Guidance for Schools
1.0Introduction
This guidance document has been created for Headteachers’ and Governing Bodies to ensure that a consistent approach is applied when appointing residential staff in schools. It is imperative that only staff required to reside for the better performance of their duties are granted tenancies and that all residential staff in schools are given contracts that reflect this. All residential staff are required to sign a service tenancy before being allowed into occupation. It is essential that schools do not unwittingly create secure tenancies. Should this happen, it will not be possible to recover possession of the property when the tenant leaves his/her job without a significant cost. Secure tenants may also acquire the right to buy the property at a discount.
2.0Residential staff in Hertfordshire schools fall into two categories:
- Staff in Boarding/ Residential Special Schools
- Premises staff who are residential for the purpose of security of the school site
The Governing Body of a school may appoint the member of staff to a post in which they are ‘required to reside for the better performance of their duties’ and this requirement must be included in the Contract of Employment and a separate Tenancy Agreement in every case.
3.0Community and Voluntary Controlled Schools
Governing Bodies of Community or VC Schools, where the property is owned by HCC, may not grant a tenancy to a member of staff where that post is not required to reside for the better performance of their duties. If they do, this could result in a Secure Tenancy and the tenant acquiring the right to buy that property.
4.0Academies
Generally HCC will own the freehold of the school premises, with the Academy Trust occupying the premises under a 125 lease. Actions that an Academy can and cannot undertake will be dependent on the provisions within that lease.
5.0Tenancies not required to reside
The Headteacher/GB of a Community or VC school should not offer their residential property to any employee other than on the basis that the employee is required to reside for the better performance of their duties. If they were to do so, this could create a secure tenancy, resulting in the tenant ultimately acquiring the right to buy the property and making it more difficult for HCC to recover possession of the property.
6.0Process for appointing a required to reside employee
6.1Recruitment Advertising
When advertising a post which requires the employee to reside, it should be made clear that accommodation is available and the terms should be outlined (e.g. no pets). It should also be made clear that when the applicant is no longer in that role the right to reside in that property will cease.
6.2Interview
It is important at interview stage that candidates are made aware of the requirement to reside for the better performance of their duties and if possible are allowed to view the accommodation before an offer of employment is made.
Candidates should be made aware that HCC has no responsibility to re-house employees if they retire, are made redundant or are dismissed on ill health grounds.
6.3Contract of Employment
The school must complete the relevant new starter or variation forms, most importantly identifying the post as ‘residential’ and that the employee is required to reside in the school property for the better performance of their duties. Serco Schools’ Transactions will check the starter or variation form for the residential address and will generate a residential contract of employment which will include the required to reside clause. Where schools buy payroll services from HCC/Serco they should use the template contract wording available from Serco.
6.4Service Tenancy Agreement
On receipt of the new starter or variation form notifying them of a new residential employee, the Serco Schools’ Transactions team will complete a form EH5 which will instruct the Authority’s Property Law Team to prepare a Service Occupancy Tenancy Agreement. It is imperative that the agreement is signed before the employee moves into the property.
7.0Rights and Responsibilities
The rights and responsibilities of HCC and the Tenant are set out in the Service Occupancy Tenancy Agreement and generally include the following:
HCC:
- To keep the structure of the dwelling in a reasonable state of repair
- To decorate the exterior of the dwelling at least every 5 years
- To insure the structure of the building
Tenant:
- To pay the rent
- To use the dwelling for private residential purposes only
- Not to do anything to cause offence or a nuisance to HCC, the school or neighbours
- To keep the dwelling in a clean condition
- To repair and maintain the items listed in the Agreement
- To decorate the interior of the dwelling at least every 5 years
- Not to assign or sub – let
8.0Automatic Termination of the Service Occupancy Tenancy Agreement
8.1 The Agreement will automatically terminate on the tenant ceasing to be an employee of HCC or on being transferred to another place of employment or to a post in which they are not required to reside for the better performance of their duties.
8.2The school must inform HCC as soon as it is aware that an employee will no longer be required to reside for the better performance of their duties, either because they have been promoted to another post or have given or been given notice to terminate their employment. HCC will then terminate the tenancy by serving a Notice to Quit, which gives the tenant 28 days to deliver up possession of the property. If the employee/former employee remains in possession after the expiry of the Notice to Quit, the Authority will issue proceedings in the County Court to recover possession of the property.
9.0Termination of a Service Occupancy Tenancy Agreement by HCC
9.1HCC will be entitled to terminate the Agreement if:
- The tenant is in breach of the terms and conditions of the Agreement
- The tenant is made bankrupt
- The tenant assigns or parts with possession of all or part of the dwelling
10.0Termination of a Service Occupancy Tenancy Agreement by the Tenant
10.1The tenant may terminate the agreement on giving at least 21 days notice in writing
11.0Contacts
Contracts of employment:Serco Schools’ Transactions
County Hall
01992 555830
Service Occupancy Tenancy Agreements Antonia Asielue,
and recovery of possession:Principal Solicitor,
Environment, Commercial and Property Law Group.
County Hall
01992 555510
1