MM Housing Advice Leaflet - Housing Options Scotland

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military matters

MILITARY MATTERS HOUSING LEAFLET

Introduction: This leaflet has been created to offer information and advice to those who are being discharged from the Armed Forces. It includes information on leaving your service accommodation, whether that is Single Living Accommodation or Service Family’s

Accommodation and then some ideas for finding your new civilian home, which is the right house, in the right place, for you and your family.

The main reference for all the details surrounding the entitlements and the process of leaving service accommodation is the Joint Service Publication (JSP) 464 “Tri-Service

Accommodation Regulations”, a full copy of which can be found here: https://www.gov.uk/government/publications/jsp-464-tri-service-accommodationregulations-tsars . Where possible we have provided quick references to chapters in the JSP.

Single Living Accommodation (SLA): If you leave the armed forces from Single Living

Accommodation you have no eligibility to stay on beyond your last day of service. You will have been informed of your march out date. The JSP (Part 3, chapter 7) says “The Unit

Admin Officer is to issue the Certificate (entitled: “Certificate of Cessation of Entitlement to

Occupy Service Accommodation (SLA/ Substitute Service Single Accommodation “SSSA”) and of Impending Homelessness”) to any Service person that requests it in order to assist the

Service person seeking social housing on expiry of their entitlement to occupy SLA / SSSA.

This Certificate should be requested / issued at least 6 months before cessation of entitlement to allow appropriate arrangements to be made”.

It is important to note that the word “request” is used, so it is imperative for you to actively seek this document if you wish to use it. This document can be used for making arrangements for your civilian accommodation. This can include applying for socially rented properties and if you are still without a home within 2 months of your end of service date you can make an application as homeless with it. Both options are discussed in more detail in the section entitled “So what is out there in Civvy Street?” of this leaflet.

Service Family’s Accommodation (SFA): The JSP has a whole section dedicated to the rules around leaving your SFA. See Part 1 Chapter 8 for the full article. In brief, the Defence

Infrastructure Organisation (DIO), in consultation with the Local Service Commander, can give 93 days written notice to vacate a property. This is reduced to just 28 days notice if a serviceperson is being discharged from the Services for disciplinary reasons.

Cessation of eligibility due to discharge from the Service: If you are being normally discharged or on Premature Voluntary Release (PVR) your Housing Allocations Service

Centre (HASC) -see Annex 1- will issue 93 days Notice to Vacate (NTV) timed to expire on the

last day of service. This means you will have to make provisions to move out of your SFA on or before your last day of service and move into your new civilian property. If you are considering applying for socially rented accommodation you are able to request from HASC

military matters a longer notice period to support your applications for alternative accommodation. See section of this leaflet on “Certificate of Cessation”.

Cessation of eligibility due to medical discharge: For personnel compulsorily discharged on medical grounds, 93 days 'continued use and occupancy' of the SFA will be permitted after the date of discharge, at entitled SFA rates. Thereafter, extensions of up to

93 days at a time may be granted on compassionate grounds, at the discretion of the HASC, in consultation with the appropriate Local Service Commander, at non-entitled SFA rates.

This means you need to make an application or request to remain in occupation of the property for a further period. You will also need to be able to cover the increase in rent. It is likely that the cost of rent will rise considerably to the market level of similar sized properties in the local area.

Short notice discharge: In cases of short notice discharge, 93 days notice to vacate

SFA will normally be given even if this goes past the discharge date. However, in cases of discharge on disciplinary grounds or misconduct a minimum of just 28 days notice must be given. If this occurs, you will be entitled to make an application as homeless to local authorities as soon as you are notified, as you will be within 2 months of your Notice to

Vacate. Please see section of this leaflet entitled “Homelessness”.

Redundancy: For personnel compulsory discharged on redundancy grounds with 6

months or less notice, 93 days ‘continued use and occupancy’ of the SFA will be permitted after the date of discharge, at entitled SFA charges. Thereafter, an extension of up to 93 days may be granted on compassionate grounds, following consultation between the Local

Service Commander and HASC, at non-entitled charges. This is likely to mean a considerable rise in rent to the market level of similar sized properties in the local area. You need to consider if you can afford this before accepting an extension as beyond your end of service date you are no longer being paid by the Armed Forces and will need to find alternative employment.

Marriage breakdown/ estrangement: If you are the spouse of a service person and your marriage is irreconcilable, yet you have remained in the SFA, whilst the service person has moved back into SLA, your entitlement will cease following a “reconciliation period”, followed by a Notice to Vacate period of 93 days. Once the later period has expired and you remain in the property, you will become an irregular occupant, please see the section of this leaflet entitled “irregular occupant”.

Certificate of Cessation: This certificate has to be requested from the HASC by the service

person. It can be used to assist the family in seeking social housing on expiry of their Notice to Vacate their SFA. It is recommended you request this certificate at the earliest opportunity and present it with all applications you make to local authorities and housing associations, as well as with any homeless applications you decide to make. See JSP 464 Part

1 Chapter 8, Section VII.

military matters

Leaving SFA: It is mandatory in the JSP that you have a pre-move out advisory visit up to 2 months prior to vacating the SFA. The Service person is responsible to ensure it takes place.

The Service person also has to give HASC a minimum of 21 days notice of their planned move out date. You only cease to be the occupant of your SFA property when you hand over the keys at the March Out. Part 1, chapter 8, section VI.

Becoming “irregular occupants” (IO) (NTV expires and occupiers remain): JSP 464 Part 1 chapter 9. Regardless of the reasons as to why you are no longer entitled to service accommodation, when your NTV expires you and your family become “irregular occupants” and the DIO can take the following action:

Repossession: This will take place via legal procedures and will result in you being taken to court. Court costs will be sought from you as the irregular occupants and Damages for Trespass (called Violent Profits if your SFA is in Scotland) including Council Tax contributions will also be levied by HASC against the IO.

Alternative arrangements: This could only happen in exceptional circumstances if you were found to be eligible to remain for a reason determined by HASC. Market rent would be payable, which would see a considerable increase in the rental rate as well as you being charged furniture hire of any service furniture you have in the property and full council tax payments paid directly to the council.

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military matters

SO WHAT IS OUT THERE IN CIVVY STREET?

Introduction: This section is a brief overview of what is available out in Civvy Street. More information that is detailed to your own personal situation can be sought from one of our

Military Matters Housing Options Brokers. Call either 0131 247 1400 or email militarymatter@housingoptionsscotland.org.uk

.

Social rent: This is renting from various agencies like the local Council and Registered Social

Landlords, including Housing Associations. As a veteran of the Armed Forces you are no longer required to have a local connection, based on the Community Covenant signed by 31

Local Authorities. This means you can make an application in an area you wish to settle, following your completion of Service. The main advantage is affordable and secure tenancies; the main disadvantage is the high demand meaning long waiting lists for a relatively small number of properties.

Private rent: This is renting a property from a private landlord. The main advantage is that there is generally a good supply of private properties to rent. It is often easier than social renting to find a property near your desired locations. The main disadvantage is the rents are becoming quite high, with the requirement of a large deposit and a month’s rent in advance. Tenancies are often for only 6 months at a time, making it relatively insecure.

Mid market rent: This scheme is aimed at people on low and modest incomes, who have had trouble gaining access to socially rented housing or buying a home. Each housing association has its own priorities for occupants, but some could be priority is given to those with employment or an offer of work, with an income within the specified ranges.

Home ownership: This option is available to those who have a recommended deposit of 10-

20% of the proposed property price in savings and can afford a mortgage. If you think this could be you we recommend you speak to an Independent Financial Advisor. Details of which can be sought from your Broker. Your broker can also give you guidance on some of the Government schemes that are out there to help those not quite able to afford their own property. Ask your Broker about “Shared equity” and “Shared Ownership”.

Homelessness : If you are becoming worried about your housing situation, you have tried all of the above options and nothing has panned out, or you have left it too late and you are now within 2 months of your end of service date you can present as homeless. This is considered an emergency situation and should be treated as such. Make sure you have exhausted all other opportunities to source a new home.

When applying to your council as homeless, take with you the notice to vacate and your certificate of cessation, which you have to request from HASC. The council have a duty to prevent homelessness, but please be aware that this can often mean being offered temporary accommodation initially. This can take the form of hostels or a B&B.

military matters

Read more about your rights here: http://scotland.shelter.org.uk/get_advice/advice_topics/homelessness .

Housing with Military Charities: If you been injured during your time in the Armed Forces, or have subsequently suffered a long term illness or disability it is possible to apply for housing with one of the Military housing charities in Scotland. To do this you can apply to the common housing register which you can access via the Veterans Scotland website http://www.veteransscotland.co.uk/pillars/housing/application_area.html

. Supply once again outstrips demand, so there is a long waiting list; priority status is awarded to those in most need.

Military Charities: The following is a list but not an exhaustive list of some of the service and veterans charities that are available in Scotland to help you. Their webpage details are listed, but if you would rather we made contact on your behalf to refer you please let your

Housing Options Broker know.

Veterans Assist: A one stop shop web portal for finding and accessing help and support, no matter when you need it and for why. www.veterans-assist.org

SSAFA: http://www.ssafa.org.uk/

Poppy Scotland: www.poppyscotland.org.uk

Armed Services Advice Project: www.adviceasap.org.uk

Scottish War Blinded: http://www.royalblind.org/warblinded

Glasgow’s Helping Heroes: www.glasgowshelpingheroes.org

Service Benevolent Funds etc: http://www.aff.org.uk/ http://www.soldierscharity.org/ http://www.rafbf.org/ http://www.rafa.org.uk/ http://www.seafarers-uk.org/ https://rnrmc.org.uk/ http://www.rnbt.org.uk/

Regimental, squadron, ship associations/ funds etc: Try looking for your particular association here http://www.veterans-assist.org/home/veterans-organisations/regimentalassociations .

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military matters

MONEY

Introduction: Have you considered how you are going to pay for your new home and support your family? As a veteran of the armed forces it should be easy to get a job in Civvy

Street –right? Please do not underestimate how competitive the civilian job market is now.

Us veterans do have the edge with the military training we receive and the experiences we have, but it can take some time to be successful in gaining employment.

Pensions: do you qualify for an immediate pension? Are you receiving it? Check with the

Service Personnel and Veterans Agency: http://www.veterans-uk.info/pensions/afcs2.html

.

Compensation: have you been injured during your time in the forces or as a direct result of work you have undertaken whilst in? You could be entitled to a compensation pay-out and/ or a war pension. You can make a confidential enquiry to the SPVA today to find out more. http://www.veterans-uk.info/pensionscompensation.htm

Finding Work: If you qualify for resettlement training your Career Transition Workshop will give you some good ideas about how to up date your CV, get your experience and qualifications written into “civvy speak” and offer you practice for interviews.

If you would like more help with this, or you do not qualify for resettlement you can try one of the following organisations for more information: http://www.oascotland.org.uk/ http://www.rfea.org.uk/

Benefits: If you can’t find work or are unable to work due to injury or ill health you could be eligible for financial help in the form of state benefits. You can check your eligibility for the different kinds of benefits by asking your local Armed Service Advice Project (ASAP) to provide you with a benefits check. They can also provide information on how to claim the benefits you are entitled to. http://www.adviceasap.org.uk/ , 0845 231 0300 .

Debt: If you or your family have accrued any amount of debt over time this could limit your housing options when you are trying to secure a civilian property. You may fail a credit check run by a landlord or you may be turned down for a mortgage. ASAP can also help you look into ways of managing your debt and plan for ways of paying it off successfully. http://www.adviceasap.org.uk/ , 0845 231 0300.

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