Service family accommodation

Service family accommodation (SFA) is accommodation provided to armed forces personnel who have either:

• a spouse

• a civil partner

• dependent children

Service family accommodation is allocated by the Defence Infrastructure Organisation (DIO), which is part of the Ministry of Defence (MoD). SFA is either owned or leased by the Ministry of Defence.

The rules are different for accommodation provided to other armed forces personnel, for example those living in barracks or in living accommodation for single personnel.

Size and location of accommodation

The type of property allocated depends on rank in the case of officers, and family size in the case of other personnel. Service family accommodation will be located at the armed forces personnel’s duty station or within a set radius.

Substitute service family accommodation

Where SFA is not available, private rented accommodation can be provided. The MoD or its contractor leases the property from a private landlord and allocates it to qualifying personnel. This is known as Substitute SFA (SSFA). The rules for SFA also apply to SSFA.

Armed forces personnel are entitled to SFA if they have either:[1]

• a spouse

• a civil partner

• dependent children

Applicants must be at least 18 years old and have at least six months to serve in the area where the SFA is to be provided. The six month rule does not apply if the member of the armed forces is being made compulsorily redundant within six months.

Some other armed forces personnel are entitled to SFA, for example Gurkhas and Service Chaplains.

Single armed forces personnel

Service family accommodation can also be provided to armed forces personnel who are single and:[2]

• pregnant, within three months of their due date

• responsible for a dependent child

• approved foster carers or those waiting to adopt

Cohabiting armed forces personnel

Cohabiting armed forces personnel without dependent children are not automatically entitled to SFA.[3]

When there are surplus SFA homes available, service personnel who are in an established long term relationship can be allocated surplus accommodation.

A long term relationship is defined by specific criteria.[4] For example, this could be a relationship lasting longer than 365 days.

Service family accommodation agreements can be ended if notice is given, either by the Defence Infrastructure Organisation (DIO) on behalf of the Ministry of Defence (MoD), or by the occupants.

Security of tenure in service family accommodation

Armed forces personnel are granted a licence of SFA. Occupants of SFA are covered by the Protection from Eviction Act 1977 and are entitled to remain in occupation until the MoD or DIO obtain a court order for possession.

Find out more about possession of service family accommodation on Shelter Legal.

Service family accommodation is provided by the MoD, and so is a Crown letting specifically excluded from the statutory regime governing assured and regulated tenancies.[5]

Service family accommodation cannot be a secure tenancy as the MoD does not meet the landlord condition for creating a secure tenancy or secure licence.[6]

DIO serves notice

The DIO can serve armed forces personnel with notice to leave service family accommodation. Notice is normally for 93 days, but in limited circumstances a 28 day notice can be issued.

Once the notice has expired, the DIO can apply for a court possession order if the residents have not left.

After the possession order has expired, the DIO can enforce the order by obtaining a warrant.

Find out more about possession of service family accommodation on Shelter Legal.

Armed forces personnel serves notice

The member of the armed forces personnel can end their licence to occupy the SFA by giving the DIO a 93 day written notice to vacate.

The notice cannot be served 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.[7]

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.

The Ministry of Defence has contractual responsibility to complete repairs on service family accommodation.

Service family accommodation is not covered by the disrepair rules under section 11 of the Landlord and Tenant Act 1985.

Occupants of service family accommodation should report repairs and maintenance issues to the National Service Centre. Occupants should check their written agreements for SFA to confirm the timescales for repairs to be completed.

Find out more from the Pinnacle Service Families National Service Centre.

Gas safety checks

A gas safety check should be carried out on SFA every 12 months.[10] Gas safety checks are arranged by third party contractors on behalf of the MoD.

Find out more about gas safety checks and responsibilities on Shelter Legal.

Where the member of armed forces personnel dies while still in the armed forces the bereaved spouse or civil partner will be offered a two year licence of SFA.

This period can be extended at the discretion of the local commander.

During the two-year period, if the DIO requires the property for disposal or refurbishment, the bereaved spouse or civil partner will be offered alternative SFA or substitute SFA.[11]

The bereaved spouse or civil partner is entitled to one relocation at public expense within 12 months of the bereavement. Relocation costs can include furniture removal expenses.[12]

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.