Employee Housing Agreement Template for South Africa

The Employee Housing Agreement is a crucial document used in South Africa when employers provide accommodation to their employees as part of their employment package or as a separate arrangement. This type of agreement is particularly common in sectors such as mining, agriculture, and education, where housing may be essential due to remote work locations or as part of the employment benefits. The document must comply with various South African legislation, including the Rental Housing Act, Basic Conditions of Employment Act, and relevant constitutional provisions. It addresses key aspects such as occupation terms, maintenance responsibilities, utility provisions, and the critical relationship between housing and employment status. The agreement also needs to consider the unique aspects of South African housing law, including protection against unfair eviction and requirements for basic services provision.

1. Parties: Identification of the employer (as housing provider) and employee (as occupant), including their full legal names, identification numbers, and addresses

2. Background: Context of the housing provision, relationship to employment, and purpose of the agreement

3. Definitions: Key terms used in the agreement, including 'Premises', 'Occupation Date', 'Basic Services', 'Occupants', and 'Employment Agreement'

4. Property Description: Detailed description of the premises, including physical address, size, number of rooms, and included fixtures and fittings

5. Term of Occupation: Duration of the housing provision, including start date and relationship to employment period

6. Rental and Payments: Details of any rental charges, payment terms, and method of payment or salary deduction

7. Basic Services and Utilities: Specification of services provided (water, electricity, etc.) and responsibility for payments

8. Maintenance and Repairs: Responsibilities of both parties regarding maintenance, repairs, and upkeep of the property

9. Occupant Obligations: Rules of occupation, conduct requirements, and restrictions on use of the property

10. Employer Obligations: Responsibilities of the employer in maintaining the property and ensuring habitability

11. Termination: Conditions for termination, notice periods, and relationship to employment termination

12. Breach and Dispute Resolution: Procedures for handling breaches and resolving disputes

13. General Provisions: Standard legal clauses including entire agreement, variation, and governing law