Tenancy Agreements

[Jamesx81x]

Hi

I am currently living in military quarters and am having a dispute of certain terms of my tenancy agreement.

Basically the landlords are saying that it is the tenants responsibility to give 4 months notice to them when they know they are going to be discharged. This is no where to be seen in the agreement i have and signed when i moved in and after putting this to them they simply sent back an updated tenancy agreement where it does state the fact.

My question is for a new agreement to overule an old one shouldnt i have been sent a copy for me to sign and one for my records?

If so and the landlords have not done this will it be my original agreement that is legally binding?

Thanks

[Lula]

Hi there, as far as I am aware, the agreement that you signed is binding. but I am sure that someone who has far more experience in this will be along to advise you further.

In my opinion, it is unfair to make you adhere to an agreement that you have never signed.

[Aequitas]

I do not see how you can be bound by an agreeemnt that you have not signed.

[qbal]

Originally Posted by Jamesx81x

Hi

I am currently living in military quarters and am having a dispute of certain terms of my tenancy agreement.

Basically the landlords are saying that it is the tenants responsibility to give 4 months notice to them when they know they are going to be discharged. This is no where to be seen in the agreement i have and signed when i moved in and after putting this to them they simply sent back an updated tenancy agreement where it does state the fact.

My question is for a new agreement to overule an old one shouldnt i have been sent a copy for me to sign and one for my records?

If so and the landlords have not done this will it be my original agreement that is legally binding?

Thanks

Are you actually in DE Ops Housing as provided by the forces or have you been allocated a "private sector" house?

If it's private, (SSFA) then:

0609.

Lease Agreement and Licence to Occupy. The MOD Contractor is required to enter into a Lease Agreement with the Agent/Landlord of the property. Under the terms of the Lease Agreement the occupant has no security of tenure beyond the initial 6 month period. The occupant is required to sign a Licence to Occupy which is between the occupant and the MOD Contractor - see Annex B. Occupants of SSFA will not be allowed to vacate SSFA under 6 months other than for Service reasons, or in other exceptional circumstances agreed by the Local Service Commander and the HIC Area Housing Manager. Thereafter, the Licence to Occupy may be terminated by either side on giving 40 days notice.

If you are in the DE Ops Housing, as managed by MHS, then the following applies:
JSP 464 part 1, Chapter III, Section V

TERMINATION OF THE LICENCE FOR REASONS OTHER THAN

ASSIGNMENT

0812.

Discharge from the Service. When a Service occupant of SFA is due to leave the Armed Forces on discharge, whenever possible that person's Administrative Unit is to inform the HIC, 4 months before the date of discharge. The following periods of notice to vacate SFA will be issued by the HIC:

a. Normal Discharge. On normal discharge and on Premature Voluntary Release (PVR), the HIC will issue 93 days notice to vacate timed to expire on the last day of service. If occupants need a longer period of notice to support applications for alternative accommodation, they should request the HIC to issue notice accordingly.

You can read up on these regulations at http://www.defence-estates.mod.uk/pu...sPt1-Sep07.pdf

[Jamesx81x]

I am under the Defence Executive. I am well aware of the terms and condtions and the fact that the agreements now state that it is the occupants responsibility to give 4 months notice.

My point is this is not part of my tenancy agreement as this came in after i took over my quarter. If they wanted their new agreement to superseed mine then they should of forwarded me a copy for signing to become legally bound by it.

Its all good and well saying the terms have changed but the bottom line is my agreement which is signed and legally binding is the only one i have ever signed.

You defence Estates by any chance??

[qbal]

No I'm not part of the DE. Just an ex squaddie.

I'll explain a little more why i put the JSP's above, as they can be easily mis-read.
You are not responsible for notifying the HIC four months prior to discharge. That is the job of your Administrative Officer, ie, the company adjutant or company housing officer(if you still have them). It is then up to the HIC to issue notice to vacate 93 days before your intended discharge date.

Having a tenancy agreement is completely irrelevant in your case. It just sets out in plain terms the standard terms of your occupation of military property. As a serving member of HM Armed Forces you are bound by the JSP's and if they change then so do your conditions of service. If the JSP's for SFA occupation change then they change for everyone whether they moved into quarters before the change or not. The only thing you've signed that is legally binding is when you first signed on the dotted line and received the Queen's Shilling.

But ultimately, what the JSP's quoted above mean is that you are NOT responsible for giving 4 months notice, your Admin Unit is. And then only when circumstances allow for that amount of notice.