The first page of this document is not part of the agreement and contains a reference clause which must be inserted into the employment contract, according to which the worker must reside on site in order for the worker to perform his duties under the conditions of his employment. For there to be a service occupation, there must be a strong link between the worker`s employment and the fulfilment of the worker`s obligations in the course of his or her employment. The employment contract should therefore include this clause. An employer can provide housing to a worker for a number of reasons, simply because it is appropriate. Therefore, there is no occupancy of service. It is important not to accept payment for illegal occupation, as it can be interpreted as rent, thus creating a tenancy agreement and entitling the “tenant” to legal protection. An occupant on duty is different from a serviceman. A service tenant lives in housing provided by his employer, but does not need to live there to do his job. If you are making a unit available to a service tenant, you should use our ASTs (ASTs). It is a good practice to terminate an occupation in circumstances where the termination of the employment relationship is known to be a good practice. But that is not essential.
If you would like to discuss your service occupancy agreement or would like to apply it, please contact Lily Meyer, of Morrisons Solicitors` commercial property team at Wimbledon, on 020 8614 4590 or by email [email protected]. However, if the occupancy agreement provides that the employer can terminate the occupation without breaking the employment contract, it can do so. Alternatively, the contract may specifically provide that the occupancy of the service changes. This would be both necessary and desirable if the workplace changed. Service occupancy contracts can be confused with service leases. In the context of service leases, the employee`s employment in the employer`s assets is not as closely linked to his employment.