Occupation of Service Family Accommodation (updated 16 September 2020)
Updated 16 September 2020
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This publication is available at https://www.gov.uk/government/publications/joint-service-housing-advice-office-leaflet-index/occupation-of-service-family-accommodation-updated-april-2020
- Serial number: JSHAO/02
- Date: March 2020
- Review date: April 2021
This handout contains information on:
- Discharge from service
- Marital Breakdown
- Notice to Vacate and Irregular Occupancy
It is a condition of service, in recognition of their inherently mobile lifestyles, frequently remote bases and terms of service that regular service personnel are provided with a satisfactory accommodation solution which can take the form of either family or single accommodation. The overarching policy document regarding the provision of family and single accommodation is JSP 464, Tri-Service Accommodation Regulations.
This handout covers the regulations regarding Service Family Accommodation. Occupants of Single Living Accommodation are subject to separate regulations and have no scope to remain in Service Accommodation after their discharge date.
It is important that personnel understand that service accommodation is like any other piece of kit that you are issued and that it will have to be given back when you leave the service. Although there are various circumstances that would bring about an end to an entitlement to occupy service accommodation (see JSP 464, Part 1, Chap 8 this handout will focus on a loss of entitlement due to discharge from the service or the breakdown of a marriage/civil partnership. It will also explain the implications of remaining in service accommodation beyond the period of entitlement.
Discharge from service
On discharge from the service the following periods of notice to vacate will be issued by DIO:
- Normal Discharge: on normal discharge or Premature Voluntary Discharge (PVR) the DIO will issue 93 days notice to vacate timed to expire on the last day of service. If you require a longer period of notice to support your alternative accommodation you should request the DIO Loss of Entitlement Team to re-issue notice accordingly.
- Short Notice Discharge: in cases of short notice discharge, 93 days notice to vacate SFA will normally be given even if this goes past the discharge date. However, in cases of discharge on disciplinary grounds or misconduct a minimum of only 28 days notice must be given.
- Medical Discharge: for personnel compulsorily discharged on medical grounds, 93 days ‘continued use and occupancy’ of the SFA will be permitted after the date of discharge, at entitled SFA charges. Thereafter, extensions of up to 93 days at a time may be granted on compassionate grounds, at the discretion of DIO, in consultation with the Local Service Commander, at non-entitled SFA charges.
- Redundancy Discharge: for personnel compulsorily discharged on redundancy grounds with 6 months or less notice, 93 days ‘continued use and occupancy’ of the SFA will be allowed after the date of discharge, at entitled SFA charges. Thereafter, extensions of up to 93 days at a time may be granted on compassionate grounds, at the discretion of DIO, in consultation with the Local Service Commander, at non-entitled SFA charges. From March 19 changes made to the policy set out in JSP 4641 which allows recently retired or redundant service personnel to stay in ‘Surplus Service Family Accommodation’ in the UK for six months on payment of the market rate is being extended to twelve months where availability of accommodation allows this.
Death of the entitled licensee
Following the death in service of the service licensee, the bereaved spouse/civil partner will be offered an entitlement to stay in their SFA/SSFA for a period of 2 years, paying entitled rates, to enable them to decide their longer-term housing requirements. Retention of SFA may be extended beyond the 2-year period at the discretion of the Local Service Commander in consultation with the relevant service housing authorities and DIO.
Marital breakdown
The service community mirrors the general population in that there will be occasions where marriages and partnerships do not work out. Whilst it is accepted that each case may call for special attention at local level the overarching regulatory position in handling marital/civil partnership breakdowns are detailed below.
Reconciliation period
If it is considered that a reconciliation period would help, the Local Service Commander may authorise a suitably agreed period up to a maximum of a 93 days ‘cooling off period’ when the service person moves into SLA or private accommodation. The 93-day period begins when this move takes place. The service person will not pay SFA charges and SLA/food charges. The service personnel will be exempt SLA charges during this period of reconciliation.
After reconciliation period
After the ‘Reconciliation’ period or as soon as it becomes clear that there will not be reconciliation, the service person will be classed as separated and will be required to change their P Stat Cat. DIO will then issue a 93-day Notice to Vacate (NTV) to the Service Licensee and/or the estranged family (depending on who is remaining in occupation of the SFA). The service person will continue to pay for the SFA for that 93-day period (or less if their spouse vacates the SFA earlier).
Notice to vacate and irregular occupancy
Notice to vacate
The Notice to Vacate (NTV) period is to allow you time to sort out your future housing if you haven’t already done so. There may be circumstances when you can apply for more time to secure your future home. If this is the case, you will be required to complete a proportionality exercise assessment form which will be included in you NTV pack. It is your responsibility to ensure that you and your entitled family member(s) have accommodation to move into and the JSHAO can provide information on the options available to you if required.
For those seeking social housing through the Local Authority (Council) you should apply as soon as you know that you will need housing. You should update your application when you have your NTV and keep the Local Authority informed if your circumstances change in any way. You are entitled to a statutory homelessness interview at the Local Authority Housing Office 56 days before the NTV expires. Although the prospect of being made homeless is daunting it doesn’t mean that you will be sleeping rough. It is a term to classify people who do not have somewhere appropriate to live. In the case of people leaving the armed forces it is the process that is used to transfer responsibility for housing from the MOD to the Local Authority.
The NTV letter from the DIO should be accepted by the Local Authority housing staff as proof that your entitlement to live in SFA will end. However, if they want further documentary evidence you can contact the DIO and they will issue you a ‘Certificate of Cessation of Right to Occupy Service Quarters’. This is a document which shows when your entitlement to occupy service accommodation will end. Government issued guidance encourages local authorities to accept these certificates as ‘proof of homelessness’ and they should not insist on a court order for possession before being prepared to provide any homelessness assistance.
The Homeless Reduction Act 2018 came into force with effect 3 April 2018, which places a legal duty on councils to give people meaningful support to try to resolve their homelessness, as well as introducing measures to prevent people becoming homeless in the first place.
The period an applicant is “threatened with homelessness” has been extended from 28 to 56 days, and in addition ensures that anyone that has been served with a valid section 21 of the Housing Act 1988 eviction notice that expires in 56 days or less is classed as “threatened with homelessness”.
Several factsheets are available on the Homelessness reduction bill policy fact sheets.
The Local Authority’s Homelessness department have a legal obligation to help you. They will assess your individual circumstances and assess your priority need. If they consider that you can source and pay for your own housing they will only give advice and information.
Irregular Occupancy
If you have been unable to secure alternative accommodation before expiry of the Notice to Vacate, you should still be in SFA and continue to seek a place to move to. You will be classed as an Irregular Occupant and charged a new rate that is based on local council rents, council tax and water/sewage rates and, whilst this is not full ‘market rate’, it may be considerably higher than your current SFA charges. These figures are individually calculated and issued in plenty of time for you to apply for housing benefit if applicable. In the case of marriage breakdown your Council Tax charges will be abated by 25% to allow for single occupancy.
A Defence Infrastructure Organisation Service Delivery Accommodation (DIO SD Accn) finance team deals with collecting payments from Irregular Occupants when they can no longer be deducted from salary, either because a spouse is now responsible for the quarter due to estrangement, or the service person has been discharged. All letters in relation to Irregular Occupancy, except for financial statements, will be issued by DIO. It is therefore important that you notify the DIO of any changes to your personal circumstances. Once a NTV has been issued you will be notified of the new charges at least 4 weeks prior to the Notice expiring.
The letters sent out by the DIO do use legal terminology and are set out in a manner required and understood by the courts and local councils. Terms such as ‘Damages for Trespass’ (‘Violent Profits’ in Scotland) can seem intimidating but they are simply legal phrases used to describe the total charges for the use and occupation of a quarter. If you have been unable to find a place to live the DIO will start court proceedings to evict you. The DIO will seek permission through the court to regain possession of the property by obtaining an Order for Possession (OfP) and then approx. four weeks later they will apply to enforce the possession order by asking for a warrant for a bailiff to have you removed from the property. Again, this process is to transfer the responsibility for your housing from the MOD to the Local Authority.
Throughout the time that you occupy SFA, including the time as an Irregular Occupant, you must continue to pay the appropriate charges. If you don’t make these payments and are evicted for this reason you may be classed as making yourself intentionally homeless and therefore the Local Authority no longer have a legal obligation to help.
It is acknowledged that moving out of SFA is a stressful time and the process is complicated. Throughout your transition to civilian housing there are various people that can assist you and provide advice. You can speak to your local HIVE staff, or your Unit Welfare or Community Support Officer. Alternatively, if you are experiencing significant difficulties you can speak to the Army or Navy Welfare, or SSAFA who offer advice to all 3 services on welfare concerns, benefits and future housing provision. You can also contact the JSHAO who will provide advice on Civilian Housing Options.
Contact the Joint Service Housing Advice Office on the Civilian number: 01252 787574 and Military number: 94222 7574. You can also email the office on rc-pers-jshao-0mailbox@mod.gov.uk.