Service Occupancy Agreements

A service occupancy agreement arises when an employer requires an employee to reside in a property that is owned by the employer for the better performance of the employee’s duties.

It is a personal licence for the employee to occupy the property and it automatically terminates when the employment ends.

Accordingly, either occupation by the employee must be essential or the employment contract must require the employee to reside in the property for the better performance of his duties.  The second condition is satisfied even if such residence is not essential, provided it is of “material assistance” to the employee in carrying out his.

This will not be the case if other employees carry out the same duties without residing in one of the employer’s properties

Examples of  service occupiers who might satisfy one of these conditions are school caretakers, hotel managers and housekeepers.

Service occupancy agreements can be confused with service tenancy agreements. Under service tenancy agreements, the employee’s occupation of the employer’s property is not so closely connected with his employment.

The tenancy will not automatically end when the employment terminates and the employer would therefore have to follow the correct procedures for recovering possession of the property, depending on the type of tenancy  (for example, an assured shorthold tenancy or a secure tenancy).

How can Morr & Co help?

If you would like to discuss your service occupancy agreement or need one to be put in place, then please contact our Commercial Property team via info@morrlaw.com 

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Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.