Help-Stuck In XS Rent

[bayete]

Looking for advice;
SITREP:
We were moved into a Excess Rent house last year as no quarters were available.
6 months into the tenancy the landlord served notice as they decided sell their house and we were forced to move out into another Excess Rent property.
We now have a posting notice for Nov and wish to move into our own house as of the end of this month.
Problem is HCR say we agreed a 6 month min tenancy in this house so we cannot leave until November. This is true as we had no choice but to accept this house.
(In theory this landlord could serve notice and we could be moved into another house with a 6 month clause and it could go on forever.)

We are now going to have to pay council tax in 2 houses and the rent to HCR for a house we no longer require. And one that in theory we have to occupy.

We can't see any way out and the answer from HCR, politely put, is a very simple tough you have to pay all the associated costs for your quarter that you no longer need. Even though we will have been in excess rent for 11 months, 5 beyond the original 6 months termination agreement. And had to move in the middle through no fault of our own.

Anyone got any ideas?

[Pontius Navigator]

Dig out the books and do your own research. You never know, there may be a get out clause in QRs or other books and just a question of 'educating' the people who say no.

[Just This Once...]

In other words the tax payer is also paying for house that is not needed.

Try securing a letter from them that absolves you from any possible allegation of fraud, as it may stimulate action.

[bayete]

Unfortunately don't have access to QRs at the moment.

[bayete]

Just this once.. I guess the issue is that HCR have signed a tenancy agreement with the landlord which has an earliest termination of 6mths so someone will have to pay him up till that point and we are still making our contribution to that.
I am going to approach the landlord to see if he is able to find another tenant, he would then terminate the agreement, we or HCR may have to pay the advertising fees.

If HCR asked him to look for another tenant and he was successful the MOD would potentially save nearly £5000!
I guess they are too busy to try.

[Nomorefreetime]

You have been given a posting notice to move, sounds like a 'Work' related issue. 'Service Needs' and all that. HCR must have others who will require a rent out?

[Avtur]

Just shooting from the hip here, but it sounds like the contract is between HCR and your landlord. Presumably you are in excess rental accommodation because the Service is unable to provide you with a MQ, so your commitments should only be equivalent to those required of you when renting a MQ. As there is no minimum rental periods for MQs, if you no longer require your "civvy MQ" then you should be able to leave without penalty at any time. It would then be up to HCR to sub-let to someone else for the remainder of the contract period, or accept the loss. That is the risk of being a contracted housing supplier when there are not enough MQs available.

Perhaps a word with Citizens Advice may help?

My assumption here is that HCR is the housing contractor; I have never heard of them.

[bayete]

Their argument is that the posting notice is for Nov so we are obliged to stay in this house as there is no requirement for us to move until Nov.

Yes we thought they would bite our hand off as when we moved there were plenty of people on the Excess rent list but it seems they have none at the moment (High Wycombe area).

[Avtur]

But you can move out of a MQ at any time. You are not obliged to stay in MQs for the duration of a posting.

Eg: Arrive at new Station for a 3 year tour and move into your MQ. After 9 months, find a property that you want to buy and move in at the end of year one. Housing then demands you continue paying MQ rent for the following two years because that's when you are due posting. Don't think so.

[bayete]

Avtur, I see your point and agree entirely. This was what we thought would be the case and they would then look to put someone else in our house.

However I fear that the rules are different as when you sign for the excess rent house their is a statement that you have to agree to in that you will remain for 6 months. I assume that if we were posted to Scotland tomorrow all bets would be off and someone would have to accept that they may have to pay for the empty house or find someone to put in it.

[lj101]

Regs here;

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/49773/20130114JSP464Part1_Amend14.pdf#page123


d. Non Service reasons. Personnel wishing to vacate SSFA for non Service reasons are to notify the SAT and provide 40 days notice to vacate to the MOD Contractor. Personnel vacating SSFA for non Service reasons may be required to continue to pay the SFA charge as if they were still occupying the property from the date they vacate the property until the initial 6 months of the lease has expired and/or the 40 day notice period has elapsed. A move to another SSFA for personal choice is not permitted for non-service reasons.

[bayete]

lj101 that's the one we are stuck with.
The annoying thing is we had already done 8 mths in SSFA on this posting and were forced to move so had to move into another rental, starting another 6 mths.

In theory it could roll over again and again and you could never move out of SSFA!

The MAY bit is not in their vocab their answer is you will
So under what circumstances might they exercise the may bit and say OK you can move out?

[lj101]

Bayete

Would you be able to contact the landlord directly and ask if you can give a months notice; meanwhile ask HCR to put it down in writing that there is no one waiting for SSFA. See how they react to the padre getting involved too as I've always seen that work if everything else fails. Tell them its leading to marital problems due rows over the situation.

[racedo]

Speak to council regarding council tax and if won't play ball then sorry to hear you and missus are living in separate accom where as single occupants of each property they are entitled to a 25% discount.

[Whenurhappy]

I am a little confused here - but that's probably an age and length-of-service issue!

Are you in Substitute Service Family Accommodation (SSFA) - which replaced the Excess Rental scheme some years ago? If you are, the rules are exactly the same as being in 'normal' quarters. Accordingly, you are a Licencee - not a tenant - and therefore you should not need (and I would counsel you not) to contact the landlord (in this case the owner of the house that you are occupying) as s/he could claim vicarious responsibility for any conversations that you might have with them.

All you should have to give is the required notice to vacate SFA. If HCR are bleating, refer the matter to your local DIO HASC to resolve. You could also talk to your OC PMS as they are the POC for housing issues, but with the increasing divorce of housing from maintstream Administrative duties, they will probably refer the matter to the HASC.

PM if you like - or check out this:

RAF Housing, Married Quarters. What is a Cuckoo? - RAF Families Federation (http://www.raf-families-federation.org.uk/housing-cuckoos.asp)

[Duncan D'Sorderlee]

Mate,

Try the RAF Families Federation. They have a housing specialist who may be able to help.

RAF - SFA, Housing, Quarters, E1132,DIO,HASC,MHS - RAF Families Federation (http://www.raf-ff.org.uk/housing.asp)

Duncs:ok:

[Hueymeister]

What about:

1. Go to your boss and tell him/her that the stress is making you unable to concentrate on work.

2. Threaten the HCR representative with a small claims court action.

Or both of the above.