Service occupancies for education providers

A service occupancy is a type of licence agreement that is inextricably linked to someone’s employment contract.    The main characteristics are that the occupancy has to be:

1. closely linked to the job
2. the occupier has a personal licence to occupy as long as the employer employs them
3. the service occupancy automatically terminates when the employment ends

It is important for service occupancies to be drafted correctly and be used for the correct purposes; otherwise, they may be interpreted as assured tenancies, which are governed by different legislation.

We can advise you on how to mitigate any risks associated with terminating the service occupancy and ensure that possession is obtained.    Issues such as disciplinary investigations or employee suspensions may arise, and the service occupancy should provide for these circumstances.

Very often, spouses or other people living with the employee also reside in the property, and this has to be managed.

Assured tenancies are no different from any other type of tenancy so possession will be generally more difficult to obtain.

We can guide you through which licence or tenancy agreement will apply. If you have staff who are entitled to accommodation, but it is not essential for their job, then extra precautions will be necessary, particularly in light of the Renters Rights Act 2025.

If you would like more information on service occupancies or any other type of accommodation provided by you, then don’t hesitate to get in touch with ccollins@greenwoods.co.uk.