Housing Advice and the Law

In 2021, there was a new Armed Forces Act introduced, there is also revised statutory guidance on housing allocations in England.  This act and guidance highlights that local authorities must be give some level of priority to applications from certain groups of armed force service personnel on their housing register.

The statutory guidance, “Additional Preference for Former Armed Forces Personnel) (England) Regulations 2012”,  states that ‘additional preference’ must be given to applications from veterans or serving -members of the armed forces (and reserve forces) who come within the ‘reasonable preference categories’ defined in sub-section 166A(3) of the Housing Act 1996 (listed above) if they are considered to have urgent housing needs. 

Housing Register

Tamworth Borough Council will consider if it can help you using both general rules that apply to everyone and special rules that apply to people who were/are in the armed forces and who meet certain criteria.

For further details please visit: Tamworth Borough Councils Allocations Policy 

Under the allocations policy, the following categories of armed forces personnel- from both the regular forces and reserves will be afforded a Band 1+ priority status for accommodation on the Housing Register if they have urgent housing needs (as defined as a Band 1 category), they have left the Armed Forces within the last 5 years and:

1. The individual is serving in the regular forces or who has served in the regular forces within five years of the date of their application or
2. Has recently ceased, or will cease to be entitled, to reside in accommodation provided by the Ministry of Defence following the death of that person’s spouse or civil partner where they served in the regular forces; and their death was attributable (wholly or partly) to that service or
3. The individual Is serving or has served in the reserve forces and who is suffering from a serious injury, illness or disability which is attributable (wholly or partly) to that service  or
4. The individual is a divorced or separated spouse or civil partner of service personnel who need to move out of accommodation provided by the Ministry of Defence

In addition, you will be exempt from the Local Connection Requirements to join Housing Register if one of the above 4 conditions apply.

You may qualify for help from Tamworth Borough Council if you are currently serving or a former member of the regular or reserves armed forces, are homeless or threatened with homelessness and are able provide evidence of your situation to the Council.

Homelessness Advice

The Ministry of Defence will give you a Certificate of Cessation of Entitlement 6 months before you leave the forces. This will contain the date that you stop being entitled to forces accommodation. You should apply to the council for help with housing when you receive the certificate if you think you might be homeless on discharge. 

The Council may owe you a homelessness duty if we consider you to be homeless or at risk of homelessness 56 days before the certificate expires and investigate your situation. As part of the support offered to you, we will complete a Personalised Housing Plan with you and agree actions for both you and the Council to undertake.

You may be in priority need if we determine that you are vulnerable because of being a former member of the armed forces. 

When deciding this, we may consider: 

• how long you were in the forces and what role you had 
• if you spent any time in a military hospital
• if you were released from service on medical grounds (and have a Medical History Release Form) 
• if you have had accommodation since leaving service and if you have been able to obtain or maintain accommodation since you left 
• how long it has been since you left service 
• if you have been injured during your service 

To help support your case, you may need to provide medical evidence from the MOD, including a Medical History Release Form (if you were given one). The Council may not have a duty to help you if you are homeless after being discharged on disciplinary grounds from the UK armed forces.

If you are living in married or family quarters provided by the armed forces and have been asked to leave due to a relationship breakdown, you should contact the Housing Solutions team as soon as you have received notice to leave.  You can stay in forces accommodation beyond the date on the certificate if you have nowhere to go.  The Ministry of Defence must issue a 93-day Notice to Vacate and you can stay during this time.

Defence Transition scheme

The Defence Transition Services (DTS) team is the MOD’s tri-service focal point to provide service personnel and their dependents with civilian housing information for those wishing to move to civilian accommodation at any time in their career, and for those during resettlement to assist with the transition to civilian life.

Further information and support is available on Information and guidance on civilian housing - GOV.UK (www.gov.uk)

Armed Forces Covenant

The Armed Forces Covenant is a promise by the nation that those who are serving in the Armed Forces, or who have served, and their families, are treated fairly and do not suffer disadvantage because of their service. Since 2012, it has been signed by every council in the country along with over 3,000 business and other organisations.

Further advice and guidance can be found here: Home - Armed Forces Covenant

Staffordshire Armed forces Covenant

We are proud to support The Staffordshire Armed Forces Covenant. It is a promise that armed forced personnel should not be disadvantaged because of their service and acts as recognition of the sacrifices members of the armed forces make on our behalf.

The Staffordshire Armed Forces Covenant aims to:

• Encourage people to support their local armed forces community and nurture public understanding and awareness of issues affecting them
• Recognise and remember the sacrifices faced by the armed forces community
• Encourage activities which help to integrate the armed forces community into local life
• Encourage the armed forces community to help and support the wider community, whether through participation in events and joint projects, or other forms of engagement

Employer Recognition Scheme silver award certificate

As part of Tamworth Borough Council commitment to armed forces service personnel, Tamworth Borough Council received a silver award from the Defence Employer Recognition Scheme (ERS), in national recognition of our commitment to the armed forces. 

Support Services Contacts 

The following are useful support services contacts which can help if you are a veteran or armed forces personnel:

Contact us 

The Housing Solutions team are available to give full advice on your housing needs and explain what options are available to you should you find yourself Homeless or threatened with homelessness.

Email: Housingsolutions@tamworth.gov.uk
Tel: 01827 709709. 

If you are homeless and the offices are closed, then you can contact the homelessness out of hours service on 01827 709709.  You should only use this service if you have nowhere to stay immediately.