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JSP 464 - Ministry of Defence

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. The estranged spouse/civil partner chooses to remain in the property (for which no<br />

rent is being paid by DIO Ops Accommodation). In this worst case scenario, the<br />

Letting Agent/Landlord is likely to initiate legal proceedings against the MOD<br />

contractor or the occupant for vacant possession <strong>of</strong> the property, and seek recovery<br />

<strong>of</strong> financial losses. Costs incurred by the MOD contractor in defending any legal<br />

proceedings, and/or satisfying any judgement, should be recovered from DIO Ops<br />

Accommodation on submission <strong>of</strong> itemised bills in accordance with the established<br />

invoicing and bill paying procedures (see Contract, Schedule 3, clause 46 –<br />

Reimbursement <strong>of</strong> Legal Fees).<br />

VACATION OF SSFA<br />

44 Notice to vacate. Personnel are to provide the MOD contractor with a minimum <strong>of</strong><br />

40 days written notice <strong>of</strong> their intention to vacate SSFA in accordance with the Licence to<br />

Occupy which they have signed. (The only exception to this requirement is if there are<br />

extenuating circumstances which justify an early move and which the HASC authorises in<br />

consultation with the Local Service Commander. This will include: Service reasons, eg,<br />

short notice re-assignments; health, safety and security reasons which make the property<br />

untenable; medical and welfare reasons). During the initial 6 months <strong>of</strong> occupancy this<br />

period <strong>of</strong> notice is extended to preclude move out <strong>of</strong> the property before the 6 month<br />

licence break point. Occupants who fail to give 40 days (or the balance <strong>of</strong> 6 months where<br />

this is appropriate) notice <strong>of</strong> vacation for non Service reasons may be required to continue<br />

to pay the SFA charge as if they were still occupying the property from the date they move<br />

out <strong>of</strong> the property until the 40 day notice period has elapsed.<br />

45 Preparation <strong>of</strong> SSFA for move out. On receipt/giving <strong>of</strong> notice to vacate the MOD<br />

Contractor will send the occupant a ‘checklist for occupants vacating SSFA’ which<br />

provides guidance on the cleaning and preparation <strong>of</strong> the property for move out.<br />

Occupants with pets are required, in accordance with their Licence to Occupy, to pay (and<br />

provide receipts) for the pr<strong>of</strong>essional cleaning and fumigation <strong>of</strong> carpets (or alternative<br />

floor coverings) <strong>of</strong> the property prior to move out.<br />

46 Move out. Occupants (or their proxy) are to attend a move out which will be<br />

arranged by the MOD contractor on a mutually agreeable date prior to expiry <strong>of</strong> the lease.<br />

The primary purpose <strong>of</strong> the move out is for the occupant to return the property to the MOD<br />

contractor, however, the MOD contractor may choose to conduct a concurrent hand back<br />

to the Letting Agent/Landlord if there is no successive Service occupant. A DIO Ops<br />

Accommodation representative will be in attendance. A full inspection <strong>of</strong> the property will<br />

take place against the inventory / Schedule <strong>of</strong> Condition agreed at the time <strong>of</strong> move in.<br />

The Occupation End Certificate (OEC) is to be signed by the occupant and the MOD<br />

contractor’s staff.<br />

47 Dilapidations. Dilapidations (taken to mean damage (including loss) to the<br />

property, its fixtures and fittings and the contents supplied by the Letting Agent/Landlord in<br />

accordance with MOD’s requirements) will be identified and recorded on the OEC. The<br />

occupant is to sign the OEC and annotate their agreement (or non agreement) to the<br />

dilapidations identified. Occupants are not responsible for damage arising from fair wear<br />

and tear. In all but the simplest cases (which may be resolved at the time <strong>of</strong> move out by<br />

payment to the MOD contractor or the Letting Agent/Landlord), the MOD contractor will be<br />

responsible for costing dilapidations in accordance with MOD procedures and in<br />

As at 13 Jul 12<br />

6C-12

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