JSP 464 - Ministry of Defence
JSP 464 - Ministry of Defence
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