Possession of service family accommodation
Armed forces personnel in service family accommodation can be evicted on expiry of the notice to vacate the property.
What is service family accommodation
Armed forces personnel can be provided with service family accommodation (SFA) if they have either a spouse, civil partner or dependent children.
Service family accommodation is allocated by the Defence Infrastructure Organisation (DIO). The DIO is part of the Ministry of Defence (MoD).
Find out more about service family accommodation.
The rules for SFA are different to accommodation provided to other armed forces personnel, for example those living in barracks or in living accommodation for single personnel.
Notice to end service family accommodation
Service family accommodation can be ended by the DIO on behalf of the MoD, or by the armed forces personnel themselves.
The DIO must give the licensee a written notice to vacate SFA. The notice period is normally 93 days but in limited circumstances can be 28 days.[1]
When the DIO can serve a 93 day notice
The DIO will issue a 93 day written notice to vacate where the licensee is:
formally declared absent without leave (AWOL)
medically discharged
discharged for non-disciplinary reasons
A 93 day notice to vacate can also be issued where:
the licensee’s relationship with their spouse or civil partner has broken down
the property is required for refurbishment or disposal
If the property is required for refurbishment or disposal, when possible the DIO should also give six month prior notice of their intention to carry out works or dispose of the property.[2]
When the DIO can serve a 28 day notice
The DIO will issue a 28 day written notice to vacate where the licensee:[3]
has breached their licence agreement
is dismissed from the armed forces on disciplinary grounds
is eligible but no longer entitled to SFA
Situations where the licensee is no longer entitled to SFA includes personnel on a career break or in SFA at a location away from their duty station.
When the occupier serves notice
An occupier of service family accommodation can end their licence to occupy the accommodation by giving the DIO a 93 day written notice to vacate.
An occupier cannot service notice during the first three months of the licence.
In certain circumstances a shorter period of notice will be accepted, for example where the service personnel is assigned to a new posting on short notice.[4]
Eviction from service family accommodation
After a notice to vacate expires, the licensee can remain in the property until the Defence Infrastructure Organisation obtains a court order.
When the notice to vacate service family accommodation expires, the licensee and any other occupiers become trespassers if they remain in the property. The DIO refers to such trespassers as irregular occupants.[5]
Possession proceedings for SFA
Where the court is satisfied that the DIO has served the correct notice, it will make an outright order for possession.
The licensee might be able to defend a claim for possession, for example on judicial review or human rights grounds. A licensee seeking to submit a defence should seek legal advice.
Find out more about public law and human rights defences in possession proceedings.
Warrant for eviction
Once a possession order has expired, the DIO can apply for an eviction warrant.
A warrant sets a date and a time that the occupier will be evicted from the property. A warrant must be enforced by bailiffs.
Find out more about County Court eviction warrants on Shelter Legal.
Applying for homeless help
When a person has been served with notice to vacate SFA, they can apply to a local authority for homelessness help.
When a local authority has reason to believe that someone might be threatened with homelessness within 56 days, it must accept a homeless application and make inquiries into what duties it might owe them.
The authority can still take steps to prevent homelessness even when the person is threatened with homelessness over 56 days away. For example, if an occupier of SFA is served with a 93 day notice.
Find out more about local authority help for homeless veterans and the homelessness application process on Shelter Legal.
Certificate of Cessation of Entitlement to Occupy SFA
The DIO can provide a Certificate of Cessation of Entitlement to Occupy SFA to a licensee or their family member who will be applying as homeless to a local authority.[6]
The certificate should be accepted by the local authority as evidence of the date they will become homeless, without the need for a court order.[7]
The local authority should provide interim accommodation if it has reason to believe that a person is eligible, homeless and in priority need. Find out more about the local authority interim duty to accommodate on Shelter Legal.
Relationship breakdown and SFA
Service family accommodation is provided to members of the armed forces and their families, so the right to occupy normally ends when there is a relationship breakdown.
The Defence Infrastructure Organisation (DIO) can allow for a reconciliation period of up to 93 days if the relationship between the armed forces personnel and their spouse or civil partner has broken down.[8]
During this period the armed forces personnel could be moved to alternative accommodation. They will be required to pay rent and other charges on both the alternative accommodation and the SFA.
When the remaining occupants include armed forces personnel
At the end of the reconciliation period, if the member of the armed forces is still living in SFA without their partner, they will have their personal status category assessed to check if they still meet the criteria for occupying the SFA.
If the member of the armed forces no longer qualifies for SFA, they might be moved to alternative armed forces accommodation.
When the remaining occupants do not include armed forces personnel
At the end of the reconciliation period, if the remaining occupants of SFA do not include armed forces personnel, the DIO will serve a 93 day notice to vacate on the occupants.
The DIO will assess whether it is proportionate to start possession proceedings or to postpone any legal action to regain possession at the end of the notice period. The DIO should consider factors such as children’s schooling, welfare and medical considerations.
The DIO can postpone legal action following this, or can apply to court for a possession order.
Applying for homelessness assistance
The separated spouse or civil partner can approach the local authority to make a homeless application.
Find out more about the homelessness application process and local authority help for homeless veterans on Shelter Legal.
Applying for social housing
Family members of armed forces personnel who need to move out of SFA might be able to apply for social housing.
Statutory guidance for local authorities strongly encourages authorities to exempt family members of armed forces personnel from local connection requirements.[9] Find out more about social housing allocations for veterans.
Domestic abuse support
The government has published guidance on armed forces domestic abuse.
Find out more on Gov.uk: Armed forces domestic abuse: a handbook for civilian support services.
Service family accommodation guidance
Service family accommodation regulations are contained in the Joint Service Publication 464 (JSP 464) Volume 1, also known as the Tri-service accommodation regulations, or TSARs.
JSP 464 Volume 1 is split into two parts. Part 1 contains regulations and Part 2 contains guidance.
Read the regulations on Gov.uk: Tri-service accommodation regulations (TSARs) (JSP 464).
A guide for service families about Service Family Accommodation can also be found on Gov.uk: Service Family Accommodation guidance.
Last updated: 19 April 2024