the contract of employment will usually refer to the arrangement to ensure that there is a clear connection between the employee’s employment and the service occupancy agreement. at the heart of a service occupancy agreement is the employment contract, therefore it is important that the employment contract reflects the service occupancy agreement. if it is likely that the employer will require the employee to move premises as part of their employment, for example to a different hotel, they should make an express provision allowing them to do so in the service occupancy agreement.
it is not always clear when this obligation arises and it is therefore essential for a charity to seek legal advice before entering in to a service occupancy agreement. if an employer has granted a service occupancy agreement, they will have to report and pay the expenses and benefits of the accommodation to hmrc unless the accommodation provided is exempt. a list of the members of prettys solicitors llp together with those non-members who are designated as partners and their professional qualifications is available for inspection at the registered office. company registration no.
service occupancy is where an employer requires an employee to live in a specified property in order to perform their job better. it will always be best practice that the terms of the service occupancy are outlined in a service occupancy agreement which should appropriately cross refer to the employee’s contract of employment. however, it is important to know that even if an agreement is not drafted to outline the specifics of the service occupancy, this does not stop the courts implying that a service occupancy is taking place if it believes there is one. for example, a shepherd tending sheep on a remote hill is likely to be essential to the performance of the shepherd’s duties. the risk for the employers who may require repossession of their property for any reason, is that this could result in an assured agricultural occupancy under s.24 of the housing act 1998, which gives the occupier security of tenure.
any kind of tenancy is different to occupancy because a tenancy gives the employee an interest in the property, rather than just a license to occupy it. therefore, under a tenancy, the employee’s right to live in the property will not automatically end when employment ends; depending on the type of tenancy, the appropriate procedures need to be followed to regain possession. as you can see, it is important to seek legal advice on the employment and property aspects from the outset so that both the employer and employee know where they stand in respect of any accommodation. it is still possible in service occupancies to have provisions in place to end the licence prior to employment being terminated. for example, removing an employee’s right to occupy premises during maternity leave, on the basis that she is not actively working, would in our view be likely to constitute discrimination under the equality act 2010. this is because the reason the accommodation is being taken away is due the employee’s maternity or pregnancy. sas daniels llp is a limited liability partnership registered in england & wales with number oc333138.
a service occupancy agreement for use when an employer requires an employee to reside in a property owned by the employer for the better performance of the service occupancy it is essential that the employee lives in particular accommodation or in a particular vicinity for the better performance of their duties, a service occupancy agreement grants an employee a licence to occupy the property and is usually required for positions such as teachers living at a, service occupancy agreement template, service occupancy agreement template, service occupancy rights, occupancy agreement vs tenancy agreement, service occupancy tenant pdf.
the parties to this agreement acknowledge that it is a condition of the employment contract that the employee resides in the room for the better performance of service occupancy is where an employer requires an employee to live in a specified property in order to perform their job better. employees helpfully, a service occupancy terminates automatically when the a staff member’s employment contract ends. in other words, the employee has, service tenant, service tenancy, caretaker tenancy agreement, service occupier, tenancy agreement for staff accommodation, occupation agreement land law, caretaker agreement uk, renting a property to an employee.
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