Q&As

What is the position where an employee occupies property as part of their employment but there is no written agreement and the written contract of employment is silent on the matter?

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Published on LexisPSL on 08/11/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • What is the position where an employee occupies property as part of their employment but there is no written agreement and the written contract of employment is silent on the matter?

An employee who lives in premises owned by their employer in order to perform their duties as an employee and who has exclusive possession of those premises occupies either as a tenant under a service tenancy or as a licensee under a service occupancy (or tied accommodation as it is also known). The distinction is important because, under a service occupancy, the right to terminate arises when the employment ends whereas a service tenancy will be regulated by the Housing Act 1988 (HA 1988).

Service occupancy is a licence where:

  1. it is essential that the employee lives in par

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