Service Occupancy Agreement for New Zealand

Service Occupancy Agreement Template for New Zealand

A Service Occupancy Agreement is a specialized legal document used in New Zealand that combines elements of employment and accommodation arrangements. It establishes the terms and conditions under which an employee occupies residential premises provided by their employer as part of their employment relationship. The agreement is governed by New Zealand law and falls outside the scope of the Residential Tenancies Act 1986, being instead primarily governed by employment law and common law principles. It details the rights and obligations of both parties, including maintenance responsibilities, occupancy terms, and the clear link between the accommodation provision and the employment relationship.

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What is a Service Occupancy Agreement?

Service Occupancy Agreements are essential legal documents used in New Zealand when an employer provides accommodation to an employee as part of their employment arrangement. This type of agreement is particularly relevant where the employee's presence at or near the workplace is crucial for their role, such as caretakers, farm managers, or school staff. The Service Occupancy Agreement distinctly differs from a standard residential tenancy, being explicitly tied to the employment relationship and typically terminating when the employment ends. It covers crucial aspects including occupation rights, maintenance responsibilities, payment terms, and specific duties related to the property. The agreement must comply with New Zealand employment law while maintaining its status outside the Residential Tenancies Act 1986. It's particularly important to clearly document the connection between the employment and the right to occupy the property, making this agreement type essential for roles requiring on-site or nearby residence.

What sections should be included in a Service Occupancy Agreement?

1. Parties: Identification of the employer/property owner and the employee/occupier

2. Background: Context of the agreement, establishing the employment relationship and need for service occupancy

3. Definitions: Key terms used throughout the agreement including 'Premises', 'Employment Agreement', 'Service Occupancy Fee' etc.

4. Grant of Service Occupancy: Terms of the occupation right and its connection to employment

5. Duration: Period of occupancy and its relationship to employment duration

6. Service Occupancy Fee: Amount, payment method, and timing of any accommodation charges

7. Employer's Obligations: Maintenance, repairs, insurance, and other landlord-like duties

8. Employee's Obligations: Care of premises, conduct, reporting maintenance issues, and specific duties

9. Utilities and Outgoings: Responsibility for payment of utilities, rates, and other charges

10. Termination: Circumstances for termination, including end of employment and notice requirements

11. Vacation of Premises: Process and requirements for vacating the property

12. General Provisions: Standard contract clauses including notices, entire agreement, governing law

What sections are optional to include in a Service Occupancy Agreement?

1. Shared Facilities: Required when the occupancy includes shared spaces with other occupants

2. Special Duties: Used when specific property-related duties are part of the employment role

3. Furniture and Fittings: Required when the property is provided furnished

4. Additional Occupants: Required when family members or others are permitted to live in the property

5. Emergency Duties: Used for roles requiring on-call or emergency response duties

6. Pets: Required when addressing permission or prohibition of pets

7. Garden Maintenance: Used when specific garden/grounds maintenance duties are required

8. Security Requirements: Required for properties with specific security needs or protocols

What schedules should be included in a Service Occupancy Agreement?

1. Schedule 1: Property Description: Detailed description of the premises including address and boundaries

2. Schedule 2: Inventory: List of furniture, appliances, and fittings provided with the property

3. Schedule 3: Property Condition Report: Detailed report of property condition at commencement

4. Schedule 4: House Rules: Specific rules and protocols for property use and maintenance

5. Schedule 5: Emergency Procedures: Emergency contact details and procedures

6. Schedule 6: Maintenance Schedule: Regular maintenance tasks and responsibilities

7. Appendix A: Property Plans: Floor plans and property layout diagrams

8. Appendix B: Photographs: Visual record of property condition at commencement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Clauses
Relevant Industries

Education

Agriculture

Healthcare

Hospitality

Property Management

Religious Organizations

Security Services

Mining

Conservation

Emergency Services

Residential Care

Tourism

Relevant Teams

Human Resources

Facilities Management

Property Administration

Legal

Operations

Maintenance

Security

Administration

Employee Relations

Relevant Roles

School Caretaker

Farm Manager

Property Manager

Building Superintendent

Church Minister

Campus Resident Advisor

Hotel Manager

Security Guard

Boarding House Master

Estate Manager

Hospital Resident Doctor

Groundskeeper

Park Ranger

Mine Site Manager

Care Home Manager

Youth Hostel Warden

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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