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JSP 464 - Ministry of Defence

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SECTION I<br />

PROCEDURES<br />

CHAPTER 9<br />

IRREGULAR OCCUPANCY<br />

0901. Expiry <strong>of</strong> the notice to vacate. Irrespective <strong>of</strong> the cause <strong>of</strong> the loss <strong>of</strong><br />

entitlement to occupy the SFA, when a Notice to Vacate (or Notice to Quit) expires and the<br />

family or members <strong>of</strong> the family remain in occupation <strong>of</strong> SFA they will become Irregular<br />

Occupants. At this stage DIO Ops Accommodation will decide, in consultation with the<br />

Local Service Commander and Service/civil welfare, whether to:<br />

a. Repossess the property, or<br />

b. Offer an alternative Occupancy Agreement.<br />

0902. Repossession. Repossession <strong>of</strong> the property will be in accordance with the<br />

Irregular Occupancy procedures laid down in EBMS Housing sections 1.10.3 and 1.10.9.1.<br />

In these circumstances, any Court Costs are sought on a 'Joint and Several' basis against<br />

both the Licensee and the spouse/civil partner. Court costs can only be awarded against<br />

an occupant <strong>of</strong> the SFA after the licence expires. In cases where the family are still united<br />

this will apply to the ex-licensee and spouse/civil partner. However, where separation has<br />

occurred and PStatCat has changed the Service person is no longer the licensee from the<br />

94th day after the change <strong>of</strong> PStatCat - which is when IO status begins. In these<br />

circumstances the costs are awarded against the remaining occupant. Damages for<br />

Trespass (Violent Pr<strong>of</strong>its in Scotland), which includes Council Tax contributions, will be<br />

levied by the HASC from the 94th day as part <strong>of</strong> the claim against the Irregular Occupant.<br />

0903. Alternative Agreement. An alternative occupancy agreement for eligible personnel<br />

to occupy surplus SFA may be <strong>of</strong>fered by the HASC. Market rents payable on the<br />

property concerned are to be negotiated by the HASC with the local DIO Office. In these<br />

circumstances the following will apply if applicable:<br />

a. Furniture hire. Current Tri-Service furniture hire charges will continue to be<br />

applied.<br />

b. Council Tax payment. This is to be paid direct by the tenant to the local<br />

Council.<br />

As at 13 Jul 12 9 - 1

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