Service Occupancy Agreement Template for England and Wales

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Key Requirements PROMPT example:

Service Occupancy Agreement

"I need a Service Occupancy Agreement for our school's new head of boarding house who will be living on campus with their family from January 2025, including specific provisions for school holiday periods and shared use of certain facilities."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Employment Rights Act 1996: Primary legislation governing employment relationships, employee rights protection, and terms of employment. Essential for establishing the employment aspect of the service occupancy.

Housing Act 1988: While service occupancies are generally excluded, this Act helps define boundaries and distinguish service occupancies from assured and assured shorthold tenancies.

Landlord and Tenant Act 1985: Sets out basic obligations regarding property maintenance and health and safety requirements that may still be relevant to service occupancies.

Law of Property Act 1925: Establishes basic principles of property law and legal estates in land that underpin all property arrangements.

Housing Health and Safety Rating System (HHSRS): Provides framework for assessing health and safety hazards in residential properties.

The Regulatory Reform (Fire Safety) Order 2005: Specifies fire safety requirements and obligations for residential properties.

Gas Safety (Installation and Use) Regulations 1998: Mandates regular gas safety checks and maintenance requirements for properties with gas installations.

Electrical Equipment (Safety) Regulations 1994: Sets standards for electrical safety in residential properties.

Street v Mountford [1985]: Key case law that helps distinguish between licenses and tenancies, crucial for service occupancy agreements.

Data Protection Act 2018/GDPR: Governs the handling and processing of personal data in the context of both employment and property occupation.

Equality Act 2010: Ensures non-discrimination in both employment and housing contexts, affecting terms of service occupancy agreements.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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