The rights of separated partners leaving armed forces housing after a relationship breakdown, including homeless help, benefits and social housing applications.
Published April 2025.
This content applies to England.
Relationship breakdown in service family accommodation
Service family accommodation (SFA) is provided to serving members of the armed forces and their families. The Defence Infrastructure Organisation (DIO) manages SFA on behalf of the Ministry of Defence.
As SFA is provided to families, when a relationship breaks down the right to occupy the home will normally end.
The service person remains entitled to accommodation while they're in the forces, but the partner who is not a member of the armed forces might face eviction and homelessness.
Support for separated partners leaving SFA
Moving out of service family accommodation can be a very difficult time for everyone involved. Separated partners who need to leave can access support from the Royal British Legion. As Julie Lowe, policy officer at RBL explains 'armed forces life has unique obligations which can be challenging, but especially when someone has to leave forces accommodation unexpectedly.'
People in this position can also access advice from other armed forces organisations, including the Army, Naval or RAF Families Federations.
What happens when a relationship ends
When a couple separate while in service family accommodation, the DIO allows for an initial reconciliation or 'cooling off' period. This lasts for 93 days, so roughly three months.
Often the separated spouse or partner and any children will temporarily remain in SFA for this period while the service person is moved elsewhere.
At the end of the reconciliation period, the family's entitlement to SFA will be re-assessed. If the couple have not reconciled, their joint entitlement ends.
If any children remain with the service person, they are still entitled to SFA and will have to make a new application. If not, the service person will normally be offered alternative accommodation, such as single living accommodation.
If the re-assessment shows the family are no longer entitled to SFA, the separated partner's right to occupy ends.
Notice to leave service family accommodation
When the reconciliation period ends, the Defence Infrastructure Organisation can serve notice to leave on a partner who is still living in SFA. The notice is normally for 93 days. The member of the forces remains responsible for the housing costs during this period.
The DIO should also provide a Certificate of Cessation of Entitlement to Occupy SFA. This will confirm the date that the partner is being asked to leave.
How the eviction process works
After the notice period, the DIO can apply for a court order. The DIO should assess if it is proportionate to apply to court or whether any legal action should be postponed, considering factors such as children’s schooling, welfare and medical considerations. The separated partner can complete a form and provide supporting documentation to explain their needs.
There is not normally a defence when the DIO applies to court. The court will set a date for a possession if it is satisfied the notice is correct.
The court can extend the date for possession by up to six weeks in exceptional circumstances. The separated partner can attend court to set out their circumstances, such as the impact on the family or children's schooling.
If the partner does not leave by the possession date, the DIO can apply to court for an eviction warrant. Occupiers cannot be forced to leave without a valid warrant. A warrant specifies the date and time enforcement agents will attend to change the locks.
Initial homeless help from the local authority
A separated partner who has received notice to leave service family accommodation can seek homeless help from the local council.
What checks the council must complete
Councils must take a homelessness application when someone is eligible and homeless or threatened with homelessness within 56 days.
To check if someone is eligible, the council will ask for details of their nationality or immigration status.
To check if someone is threatened with homelessness, the council should look at their paperwork, including the Certificate of Cessation of Entitlement to Occupy, which confirms the date they are being asked to leave. Councils should accept the notice and certificate as proof that the residents are threatened with homelessness.
What steps the council must take
When a council accepts a homeless application, it should complete an assessment of the person's needs and agree a personalised housing plan.
Under the plan, the council should set out steps to help the person avoid homelessness. This could include helping them to apply to the housing register or look for private rented accommodation. The plan should also include steps the council expects the homeless applicant to take.
Find out more about the homeless application process on Shelter Legal.
When someone can apply to another council
Councils normally check if someone who has applied for homeless help has a local connection to their area. A person has a local connection to the area they normally live, which includes people who live in armed forces housing.
The separated partner might have moved away from their home area due to their partner's service, and now want to move back. To apply as homeless, they'll need to consider if they have a local connection to that area. A person can have a local connection through family connections, which can include their parents or siblings. Usually the council considers whether the family members themselves have lived in the area for at least five years.
A person can also have a local connection for other reasons, such as employment.
If they can show they have a local connection, they shouldn't be referred back to the area they've lived in most recently.
Find out more about local connection on Shelter Legal.
The role of armed forces champions
Many local authorities have an armed forces champion to advocate for the needs of serving and former members of the armed forces. This includes families of members of the armed forces, including separated partners.
When a separated partner applies for homeless help, they should ask local authorities who their armed forces champion is and ask what support they can offer.
Paying for SFA after a notice expires
A separated spouse or partner cannot be forced to leave until the Defence Infrastructure Organisation obtains a court order and an eviction warrant, but they might have problems paying to stay in the accommodation.
A separated partner who remains in SFA after a notice expires becomes responsible for the accommodation charges. As they no longer have the right to stay, they are no longer charged rent. Instead they are charged what are known as 'mesne (pronounced mean) profits'. Mesne profits are usually charged at a higher rate than standard SFA charges.
It's not possible to claim universal credit housing costs to pay mesne profits. Someone who is not entitled to UC housing element also can't get a discretionary housing payment. Claire Hallam from the Army Families Federation says, 'this means the usual options for people who cannot afford their housing payments are just not available.'
Problems caused by the rules on mesne profits
RBL and the Families Federations say that the rules on mesne profits create issues for the people they work with, particularly when someone can't move straight out into emergency housing under a homeless application.
Cat Calder from the Army Families Federation explains 'we see big problems where the local authority delays providing emergency accommodation to a separated partner and their children - sometimes they might build up thousands of pounds of debt while waiting for homeless help.'
Local authorities can help by ensuring that homeless help, such as emergency accommodation, is provided as soon as the duty arises. Julie Lowe from RBL agrees, saying 'timely provision of appropriate housing is incredibly important for the wellbeing of separated partners leaving SFA.'
Emergency housing for partners leaving SFA
Someone who has been given notice to leave SFA might need emergency housing if they have nowhere else to go.
The council must offer emergency accommodation if it has reason to believe someone is homeless, eligible for help and in priority need.
People who have been asked to leave SFA should be considered homeless from the date on the Certificate of Cessation of Entitlement to Occupy. People who are British citizens or have permanent leave to remain are usually eligible for homeless help.
Who has a priority need
Families with dependent children are automatically in priority need under a homelessness application.
For people without children, the local authority will consider if they are in priority need for another reason. This could include if they are pregnant, a victim of domestic abuse, or vulnerable for another reason, such as health problems or a disability.
Find out more about priority need on Shelter Legal.
When emergency housing is delayed
Sometimes the DIO won't take immediate court action after the notice expires. Some councils might delay providing emergency accommodation and ask the person to remain until the DIO obtains a warrant.
Councils shouldn't delay providing emergency accommodation where it is needed, but sometimes people might prefer to remain in SFA while they look for other accommodation.
Being placed in emergency accommodation can be very stressful - it's often away from the area the family are based in, and in general the standards for emergency housing are lower than longer term accommodation. People can even be offered a hotel or bed and breakfast, although families with children shouldn't be placed in a B&B for longer than six weeks.
Find out more about suitability of homelessness accommodation on Shelter Legal.
Risks of staying in SFA after the notice expires
If the family delay going into emergency accommodation, this could cause delays in other support from the local authority. For example, the council might put people who are owed certain homeless duties in a higher band on the housing register - people who stay in SFA might not get this priority until they are in temporary accommodation under a homeless duty.
For separated spouses or partners who are unable to claim universal credit and don't have another means of paying to stay, agreeing to stay might mean building up debt.
Applying for social housing
The separated partner might want to apply for social housing. Local councils manage waiting lists for social housing which are often oversubscribed. It's unlikely someone leaving SFA will get social housing before they need to move out, but it might still be worth registering.
When someone might have priority on the register
People facing eviction from SFA could get higher priority if they are classed as homeless, or because of specific criteria for members of the armed forces and their families.
Government guidance strongly encourages local authorities to be sympathetic to the housing needs of family members of serving personnel or veterans, who might have been disadvantaged themselves by the needs of military service.
This is guidance, so local authorities aren't obliged to give priority to family members, but they should consider whether this is something they can do. It might be worth asking the local authority to use their discretion to award additional priority.
Applying to other councils
Separated partners or spouses leaving SFA might be able to apply to another council area. They should check each council's allocations policy and the rules on local connection or residence requirements. For example, a council might require applicants to have been resident in the area for three years.
Government guidance strongly encourages councils to exempt separated spouses and civil partners of members of the armed forces from local connection requirements to join the housing register. This includes people who need to move out of SFA. The guidance acknowledges people might not want to settle in the area they've been living in, especially if there has been any domestic abuse.
As this is guidance and not a strict rule, councils aren't guaranteed to apply it, but it's worth checking the council's allocation policy. If the policy doesn't apply the guidance, it might help to point this out and ask them to use their discretion.
Domestic abuse and forces accommodation
Sometimes people might need to leave service family accommodation because of domestic abuse.
The government has published guidance on armed forces and domestic abuse. The guidance covers the support available for domestic abuse survivors, the process to be followed and legal issues.
Read the full gov.uk guidance online: Armed forces domestic abuse: a handbook for civilian support services.