Service tenants
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If you live in accommodation that has been provided by your employer, but it is not essential for you to live in the property to do your job, or it is not a requirement of your contract to live there, then you may be a service tenant. If you have a service tenancy, you should have the same rights as other tenants. These rights will depend on a number of factors including who your employer is and how long you have lived there.
What rights will I have as a service tenant?
If you have a service tenancy, you should have the same rights as other tenants. These rights will depend on:
- who your employer is
- what kind of accommodation you're living in
- what kind of tenancy agreement you have
- how long you have lived there.
For example:
- if you have a service tenancy, and your employer is a private company or individual, you will probably have an assured shorthold or an assured tenancy, unless you moved into the accommodation before 15th January 1989 in which case you are likely to have a regulated tenancy
- if you have a service tenancy, and you live in council accommodation, you will probably have a secure tenancy, or
- if you have a service tenancy, and you live in housing association accommodation you will probably have an assured shorthold or an assured tenancy, unless you moved into the accommodation before 15th January 1989, in which case you are likely to have a secure tenancy.
- if you have a service tenancy, and you live with your employer, you will probably be an excluded occupier, or you could be an occupier with basic protection
- if you have a service tenancy, and your rent cannot be quantified you will probably be an occupier with basic protection.
To help you to work out what type of tenancy you have, you can use our directory to find an adviser in your area.
An example of a service tenancy:
A teacher who as a key worker is given a tenancy by a local council to live in the area where they work is likely to be service tenant, because they do not have to live in the accommodation provided in order to do the job, unless the teacher’s employment contract requires her/him to live in the accommodation and s/he can perform the job better by living there
Rent payments
As a service tenant you may pay rent to your landlord for the accommodation, or your rent may be deducted from your wages. Alternatively, you may get lower wages than you would normally get for the job you do because your employer is providing you with accommodation.
Although there is no requirement for you to pay rent in order to be a service tenant, you are likely to have fewer rights if the amount of rent you are paying cannot be calculated. This is likely to be the situation if you get lower wages because you are provided with the accommodation.
I'm a service tenant - what if I lose my job?
If you are a service tenant and you are dismissed or resign from your job, then your employer will probably ask you to leave your accommodation. In all situations, your employer must follow the proper procedures for evicting you. In some circumstances you may be able to stay in the accommodation or be entitled to an offer of alternative accommodation.
If you have an assured shorthold tenancy, or if you are an occupier with basic protection you will not be able to stay in the accommodation. However, your employer must:
- send you a formal notice telling you when you have to leave
- give you the correct amount of notice before you have to leave
- get an eviction order from the court if you do not leave in accordance with the notice - however, in this situation, you are likely to have to pay your landlord’s court costs in getting the eviction order.
If you have a regulated, assured or secure tenancy you may be able to stay in the accommodation or at least be offered alternative accommodation. The law is complicated in this area and you should get advice immediately.
Go to the section on eviction to find out more about the procedures landlords have to follow to evict tenants.
What if the property needs repairs?
Your service tenancy agreement will probably set out which repairs your employer/landlord is responsible for, and which repairs you should carry out yourself. Your employer/landlord must ensure that the property is safe and fit for you to live in and will be responsible for getting a safety check on all gas appliances in the property once a year. The section on repairs explains this in more detail, and looks at what you can do if your employer/landlord refuses to carry out repairs.
Where can I get help and advice?
In practice, it can be hard to decide whether a person living in tied accommodation has a service occupancy or a tenancy agreement. If you are asked to leave your tied accommodation and are unsure of your rights, you can use our directory to find an adviser in your area, or get legal advice from a solicitor. Use the Law Society website to find a solicitor near you.
An adviser at Citizens Advice can also tell you about your rights as an employee. To find out more about these rights, visit the Direct.gov or Acas websites.
