Reply To: Damage for Tresspass

Peter Barker

Not specifically, but the usual work-around is for the payments to be described as payments for permission to occupy. This is most commonly done when a non-tenant in social housing is left in limbo by the death of the tenant and it takes a while to establish whether there is a right of succession, or whether a tenancy will be offered on a discretionary basis. Where that situation possibly differs from the one you have described is that there is normally no possibility of the separated partner remaining in armed forces accommodation after a relationship breakdown – it’s hardly “permission to occupy” if the MoD’s estate managers want them out.