The Employer Provided Housing Agreement is commonly used in Hong Kong where companies provide residential accommodation as part of their employment packages, particularly for expatriate employees or senior executives. This document is essential for organizations operating in Hong Kong's competitive business environment where housing benefits are a significant component of compensation packages. The agreement ensures compliance with Hong Kong's Employment Ordinance, Landlord and Tenant Ordinance, and relevant tax regulations while clearly defining the rights and obligations of both employer and employee regarding the provided accommodation. It becomes particularly relevant in sectors with high international mobility or where housing benefits are standard industry practice, such as financial services, education, or senior corporate positions.
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1. Parties: Identifies the employer (housing provider) and employee (occupant), including their full legal names and addresses
2. Background: Sets out the context of the agreement - that housing is being provided as part of employment terms
3. Definitions: Defines key terms used throughout the agreement including 'Property', 'Occupation Period', 'Family Members', etc.
4. Property Details: Specific details of the provided accommodation including address, included fixtures and fittings
5. Term of Occupation: Duration of the housing provision, including start date and any correlation with employment term
6. Permitted Occupants: Specifies who is allowed to occupy the property (employee, family members, etc.)
7. Employer's Obligations: Responsibilities of the employer including maintenance, payment of management fees, etc.
8. Employee's Obligations: Responsibilities of the employee including proper use of property, reporting damages, etc.
9. Utilities and Services: Arrangements for payment of utilities, internet, etc.
10. Maintenance and Repairs: Process for reporting and handling repairs, responsibility for costs
11. Insurance: Requirements for insurance coverage and responsibilities of each party
12. Termination: Circumstances under which the agreement can be terminated, including link to employment termination
13. Vacation of Property: Process and requirements for vacating the property upon termination
14. Tax Implications: Statement about tax treatment of housing benefit and reporting obligations
1. Rental Value: Required when the agreement needs to specify the deemed rental value for tax or accounting purposes
2. Furniture and Appliances: Include when the property is provided furnished or with specific appliances
3. Pets: Include when there's a need to address whether pets are allowed and under what conditions
4. Property Management Rules: Include when the property is in a managed building with specific rules
5. Domestic Helpers: Include when addressing whether domestic helpers can reside in the property
6. Parking: Include when parking space is provided with the accommodation
7. Alternative Accommodation: Include when addressing temporary relocation during major repairs
8. Governing Law and Jurisdiction: While Hong Kong law applies, include if specific dispute resolution procedures are required
1. Schedule 1 - Property Details: Detailed description of the property including floor plan, fixtures, and fittings
2. Schedule 2 - Inventory List: List of furniture, appliances, and items provided with the property
3. Schedule 3 - Property Rules and Regulations: Building management rules and regulations applicable to the property
4. Schedule 4 - Condition Report: Detailed report of property condition at commencement of occupation
5. Schedule 5 - Utility Arrangements: Details of utility accounts and payment arrangements
6. Appendix A - Key Handover Form: Form to document the handover of keys and access devices
7. Appendix B - Maintenance Request Procedure: Procedure for reporting and handling maintenance issues
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Education
Construction
Real Estate
Professional Services
Technology
Manufacturing
Hospitality
Healthcare
International Trade
Retail (Corporate)
Mining
Relevant Teams
Human Resources
Legal
Facilities Management
Global Mobility
Corporate Services
Finance
Compensation & Benefits
Risk & Compliance
Employee Relations
Relevant Roles
HR Director
Legal Counsel
Compensation & Benefits Manager
Global Mobility Manager
Facilities Manager
Property Manager
Employment Lawyer
HR Business Partner
Chief Human Resources Officer
Relocation Specialist
Corporate Housing Coordinator
Executive Compensation Specialist
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