Service occupancy agreement

16 Reviews
Select support levelCompare

Document overview

This service occupancy agreement grants a licence to occupy to an employee living in accommodation (from a single room to a whole property) provided by the employer for the better performance of their work duties. The agreement has been written to exclude security of tenure and provide for full protection of employers rights.
Compliant with the latest law in
  • England & Wales
  • Scotland
Document propertied
Document properties
  • Length:7 pages (1900 words)
  • Available in:
    MsWordMicrosoft Word DOCXApple pagesApple PagesRTFRTF
watertight guarantee
Backed by our watertight guarantee

If the document isn’t right for your circumstances for any reason, just tell us and we’ll refund you in full immediately.

writing in plain english
Written in plain English

We avoid legal terminology unless necessary. Plain English makes our documents easy to understand, easy to edit and more likely to be accepted.

Guidance notes included

You don’t need legal knowledge to use our documents. We explain what to edit and how in the guidance notes included at the end of the document.

Support from our legal team

Email us with questions about editing your document. Use our Lawyer Assist service if you’d like our legal team to check your document will do as you intend.

Up to date with the latest law

Our documents comply with the latest relevant law. Our lawyers regularly review how new law affects each document in our library.

About this document

Certain types of employment require that the employee lives either on site or at some other specific place. Such accommodation is called service occupancy or sometimes tied accommodation. In law, it is either a residential licence with terms tied to the employment contract or an assured tenancy agreement. The later is not the same as an assured shorthold tenancy.

This service occupancy agreement creates a licence. As a result, the employee-licensee cannot claim security of tenure after the employment ends.

To qualify as service occupancy, the deal must be:

  • the employer receives no rent;
  • the occupancy is reasonably necessary for the adequate performance of employee's duties;
  • the contract of employment specifies that the employee must occupy this accommodation; and
  • the above conditions have not changed between the start of the agreement and the time the law is applied.

If you are in any doubt as to whether the employment you have in mind qualifies as a service occupancy, use one of our assured shorthold tenancy agreements. That causes greater administration, but gives certainty to your arrangements.

The advantage of using this service occupancy agreement template to create a mere licence is that you have complete control over the occupation. If either side wishes to terminate the employment for any reason, the occupation ceases too.

The type of accommodation is not important, and could be a bedroom or a whole detached house.

With the agreement we have included a provision you can add to a contract of employment in which you set down the requirement for your employee to live in accommodation provided by you. This will help you to avoid any claim that the occupancy was not really required by the job. Alternatively, you could use our employment contract that already includes service occupancy provisions.

When to use this agreement

Types of employment that might require the employee to live in a specific place designated by the employer include:

  • Live-in nanny, house keeper or carer
  • Hotel staff
  • Security staff
  • Care takers
  • Grounds and estate staff
  • Teachers at boarding schools

Members of the armed forces and agricultural workers are also often service occupiers, but different rules may apply from those set out here.

Document features and contents

  • Includes sensible, practical provisions to protect the landlord’s interests
  • Full description of the property and the services that the employee should expect to receive in residence
  • A ‘menu’ of nearly 50 provisions determining what employer may or may not allow the employee to do in the property
  • Rent period and amount
  • Provision for the occupier’s rights and restrictions when the property occupied is part of a large complex such as a school or industrial buildings.

Provision has also been made for the employer to move the employee to different accommodation if required or to terminate the licence if the requirements of the job change so that living close is no longer required.

Extra to the document is a draft paragraph which can be added to any contract of employment to confirm the proposed arrangement for service occupancy. Use that too, to make sure there is no doubt as to the status of the arrangement.

Sample service occupancy agreementSample page from the service occupancy agreement

CallTalk to us about this document

We are happy to answer any questions you have. Arrange for us to call you.

Recent reviews

Exactly What I Needed
03 November 2021
Gave me exactly what i required, with
clear guidelines, at a reasonable price.
Alexandra Heath
Very Thorough
24 May 2021
The agreement was very thorough, and covers a variety of situations. I bought the template as it was reasonably priced and I couldn't find any free templates online. It is actually too detailed for my purpose (live in nanny), but the instructions are very clear and I was able to follow them and delete unnecessary sections. The instructions are very helpful and state what can and can't be altered in the agreement. I would recommend this agreement to others planning a live-in employee.
Kathy Kean
Review of the Australian version
Fit For Purpose
31 July 2018
My Solicitor ( or perhaps his work experience assistant) had little idea of a SOA. They were suggesting a AST! Within minutes of downloading your form I had a prepared a document fit for purpose, covering all the key points and in plain English.

Well done
Eric Payne
Read all 16 reviews

Choose the level of support you need

Document Only

Complete the document template yourself using our guidance notes
(incl VAT)
  • ok This document
  • okDetailed guidance notes explaining how to edit each paragraph
Most Popular

Lawyer Assist

Support from our legal team during and after editing
193 Reviews
(incl VAT)
  • ok This document
  • okDetailed guidance notes explaining how to edit each paragraph
  • okUnlimited email support - ask our legal team any question related to completing the document
  • ok
    Review of your edited document by our legal team including:
    • reporting on whether your changes comply with the law
    • answering your questions about how to word a new clause or achieve an outcome
    • checking that your use of defined terms is correct and consistent
    • correcting spelling mistakes
    • reformatting the document ready to sign
© 2000 - 2024 Net Lawman Limited.
All rights reserved