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JSP 464 - Ministry of Defence

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GUIDELINES FOR DEALING WITH CASES OF ESTRANGEMENT<br />

41. Occupants <strong>of</strong> SSFA are entitled to an initial reconciliation period <strong>of</strong> up to a maximum<br />

<strong>of</strong> 93 days or other specified timeline suitable for the circumstances. During this period,<br />

DIO Ops Accommodation will continue to pay rent on the SSFA, and the Service<br />

spouse/civil partner (who will in most incidences have moved into single living<br />

accommodation) will continue to pay SFA charges and SLA/food charges as per <strong>JSP</strong> 754..<br />

The MOD contractor should be advised <strong>of</strong> the situation at the earliest opportunity.<br />

42. If there is no reconciliation either during, or at the end <strong>of</strong> the agreed reconciliation<br />

period, the Local Service Commander is to explain the regulatory changes associated with<br />

estrangement outlined in <strong>JSP</strong> 754 with the Service Personnel and estranged spouse and<br />

formally notify the HASC <strong>of</strong> the change in personal status category by the fastest available<br />

means. Concurrently, it is also the responsibility <strong>of</strong> the Licence Holder to notify the HASC<br />

<strong>of</strong> their change in circumstances. The Service person continues to pay the entitled SSFA<br />

charge for a further 93 days (effective from the date that the HASC are informed <strong>of</strong> the<br />

change <strong>of</strong> PStatCat. On receipt, the HASC (in conjunction with the MOD Contractor)<br />

should issue the 93 days notice to vacate to the estranged spouse/civil partner and inform<br />

that occupancy <strong>of</strong> the SSFA will be permitted to equate to the 93 days notice to vacate for<br />

SFA. The HASC are to issue and conduct the Proportionality Exercise at the same time<br />

as the 93 days notice to vacate to establish any continued occupancy beyond the expiry <strong>of</strong><br />

the 93 day notice to vacate which should consider factors such as children’s schooling,<br />

relevant welfare and medical considerations. After completion <strong>of</strong> the Proportionality<br />

Exercise and consideration <strong>of</strong> educational needs, welfare and medical issues, the Housing<br />

Provider (in conjunction with the MOD Contractor) may issue a revised notice to vacate.<br />

At the same time it is appropriate for the Housing Provider (in conjunction with the MOD<br />

Contractor) to conduct a move out inspection <strong>of</strong> the SSFA to cease Service person liability<br />

for the property and make record <strong>of</strong> any utility readings. DIO Ops Accommodation will<br />

continue to pay rent for the SSFA until the end <strong>of</strong> any revised notice to vacate date.<br />

43. Unless arrangements to the contrary (between the occupant, the HASC and the<br />

MOD contractor) have been agreed, DIO Ops Accommodation would require the MOD<br />

contractor to terminate the tenancy (unless the Landlord terminates the tenancy at an<br />

earlier date), to coincide with the 93rd day (or revised date). The MOD contractor would<br />

require a minimum <strong>of</strong> 40 days notice from the HASC to achieve this. On termination <strong>of</strong> the<br />

tenancy there are the following scenarios:<br />

a. The estranged spouse/civil partner moves out <strong>of</strong> the SSFA and the property is<br />

returned by the MOD contractor to the Letting Agent/Landlord.<br />

As at 13 Jul 12<br />

6C-11

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