Surrey County Council v John Lamond, Court of Appeal, 16th December 1998 case CCRTF/98/1147/2 (unreported).

NOTE: Subscribers to this program can download a copy of the transcript of the full judgment from Smith Bernal's internet site on favourable terms - ring Sarah Andrews on 0207-421-4038

if it is impractical for an employee to carry out his duties unless he lives in a particular property, a term can be implied into his contract of employment that he must "occupy the dwelling-house for the better performance of his duties" with the result that Housing Act 1985 can apply to prevent his tenancy of that property being a secured tenancy.

For relevant notes in the main program see Accommodation provided by employer/security of tenure position and Implied terms in employment contracts/a general introductory note .