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Service Occupancy Agreement Template for England and Wales

A Service Occupancy Agreement is a legal document used in England and Wales that establishes the terms under which an employee occupies residential property owned by their employer as part of their employment arrangement. The agreement combines elements of employment and property law, clearly establishing that the right to occupy the property is strictly connected to and dependent upon the continuation of employment. It differs from a standard residential tenancy as the occupancy rights are directly linked to the employment status.

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What is a Service Occupancy Agreement?

A Service Occupancy Agreement is essential when an employer provides accommodation to an employee as a necessary part of their employment duties under English and Welsh law. This document establishes the terms of occupation, clearly differentiating it from a standard tenancy arrangement by linking the right to occupy directly to employment status. It should be used when the employee's presence in the accommodation is required for the better performance of their duties. The agreement covers critical aspects including duration, termination provisions, maintenance responsibilities, and occupancy conditions, while ensuring compliance with relevant employment and property legislation.

What sections should be included in a Service Occupancy Agreement?

1. Parties: Identifies the employer/licensor and employee/licensee with their full details

2. Background: Explains the employment relationship and necessity of accommodation for the role

3. Definitions: Defines key terms used throughout the agreement including Property, Occupation Period, and Employment

4. Grant of Licence: Establishes the terms of occupation and its connection to employment, clearly distinguishing it from a tenancy

5. Duration: Links occupation period to employment duration and conditions

6. Occupier's Obligations: Details responsibilities of the employee including property care, reporting damages, and conduct requirements

7. Employer's Obligations: Outlines responsibilities of the employer regarding property maintenance and statutory compliance

8. Termination: Specifies how and when the agreement ends, including notice periods and automatic termination upon employment end

What sections are optional to include in a Service Occupancy Agreement?

1. Utilities and Services: Details responsibility for utilities payments and services when not included in employment package

2. Council Tax: Specifies council tax payment responsibility when not covered by employer

3. Insurance: Details insurance requirements and responsibilities for both parties

4. Permitted Occupiers: Lists other allowed occupants and conditions for family members' occupation

What schedules should be included in a Service Occupancy Agreement?

1. Schedule 1 - Property Description: Detailed description of the property including location, rooms, and facilities

2. Schedule 2 - Inventory: Comprehensive list of furniture, fixtures, and equipment provided with the property

3. Schedule 3 - Property Rules: Specific rules relating to the property use, access, and building regulations

4. Schedule 4 - Health and Safety Information: Required safety certificates, emergency procedures, and regulatory compliance documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Document Type

Service Agreement

Cost

Free to use

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