# Imposed restriction and 30 days notice



## technophile (11 Aug 2014)

I am looking for advice regarding the last months rent on imposed restriction and notice required for land lord.

Last year I started imposed restriction in Ottawa and it was originally scheduled to expire in October of this year ( I needed to get an extension as my permanent residence was still not sold as of June )

well, as it happened I received an offer on my house on 02 August,  and sold unconditionally a couple days later.   The buyers wanted a closing date of Sept 2nd.  This did not leave me with a lot of time to finalize a new house in ottawa.  ( brookfield advises not to put in an offer until your house is sold... and they also hold us to the door to door move policy )  Luckily, I did mange to buy a house and the conditions were lifted on Aug 06.  MY possession date is Aug 28th.

I let my landlord know on Aug 3rd that I  potentially sold my house and was looking for a house in Ottawa.  He said " congratulations, but I do expect you will be paying Septembers rent "  I am on a month-to month lease, but a quick check of Ontario rental law indicates the Landlord is entitled to 60 days  notice, or can charge you two months rent.  So, I guess I am getting off lucky he is only requesting 1 month ?

I spoke with my clerk and they say that there is no policy to pay Septembers rent, and that my IR will cease on 28 August . 
My career manager is aware of the situation regarding IR, but has no say in the financial policy regarding paying rent. 

Am I SOL regarding rent for September?  Will  I have  to pay $1700 out of my pocket ?


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## Drag (11 Aug 2014)

Check with your IRP rep.  I believe there is a lease breaking benefit under the CFIRP though I am not sure if it applies to your situation....


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## DAA (11 Aug 2014)

technophile said:
			
		

> I am looking for advice regarding the last months rent on imposed restriction and notice required for land lord.
> 
> Last year I started imposed restriction in Ottawa and it was originally scheduled to expire in October of this year ( I needed to get an extension as my permanent residence was still not sold as of June )
> 
> ...



I believe that Rent/Lease Liability is the responsibility of the Orderly Room managing your Separation Expense (IR) Benefits and these are NOT IRP related.  You are entitled to reimbursement and should not be paying anything out of pocket.


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## technophile (11 Aug 2014)

DAA,

I have read a lot of your posts regarding admin issues, and you are usually correct in what you say.  ( all brown nosing aside.  LOL ) 

Is there a reference regarding my situation?  The clerk today showed me a reference saying rent was only covered when a member is attach posted away, or on TD longer than 90 days and must vacate the IR residence with less than 30 days notice. 

This would really suck if I am forced to pay out of pocket.  When really, it was the door to door policy that forced me to close a house in less than 30 days.


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## DAA (11 Aug 2014)

technophile said:
			
		

> DAA,
> 
> I have read a lot of your posts regarding admin issues, and you are usually correct in what you say.  ( all brown nosing aside.  LOL )
> 
> ...



I'll PM them to you in the morning.


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## technophile (11 Aug 2014)

I appreciate your efforts !!

unfortunately, CBI 208.997 – Separation Expense , does not provide clarification in my situation.

I look forward to your PM.


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## DAA (11 Aug 2014)

technophile said:
			
		

> I appreciate your efforts !!
> 
> unfortunately, CBI 208.997 – Separation Expense , does not provide clarification in my situation.
> 
> I look forward to your PM.



Out of curiousity, when you first arrived at your current location on IR, did they not provide you with a "comprehensive" briefing package, outlining not only your entitlements but what was expected of you?


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## technophile (11 Aug 2014)

They did provide a brief of sorts. My understanding of the purpose of IR is to provide accommodation in your new place of duty with the intention of moving your family at a later date. Which is what I did. ( and not use IR as a way to get posted back to your previous unit after a couple years, which is what a lot of pers on IR do)

The issue really, is that I had no way of knowing ahead of time when my house would sell. I certainly couldn't have predicted a less than 30 day closing. Due to a policy of "door to door " moves, I had to purchase a house that closed before my sale property closing date.


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## DAA (12 Aug 2014)

DAA said:
			
		

> I believe that Rent/Lease Liability is the responsibility of the Orderly Room managing your Separation Expense (IR) Benefits and these are NOT IRP related.  You are entitled to reimbursement and should not be paying anything out of pocket.



So after a few rounds of phone calls, I've since been informed, that there is nothing in the current SE Policy which provides for reimbursement of rent/lease liability/breaking penalties when a CF member is terminating their IR Status as a result of relocating their DHG&E to their current place of duty.

Wow, oh wow!


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## technophile (12 Aug 2014)

I  have sent a " hail marry " to Brookfield to see if anything in their policy covers this situation.  Really, its the door to door move policy that created this problem.  Perhaps I can save the $1700 hit by  changing the closing date of my purchase to Sept 3rd.  Im sure  Brookfield will snap as this is the day after the closing of my sale residence. Which is apparently a big no, no. 

Failing that, I will submit my notice of intent to grieve.


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## HR Mgr (23 Sep 2014)

*There's no benefit under Sep Expense because the benefit isn't just for those on IR, it's a benefit for everyone in the military, CBI 208.955. That is if you meet the criteria, which you certainly seem to do because you are posted IAW below 208.955(2)a.
* *
You are entitled to up to two months rent for lease liability:

]208.955 – Reimbursement for Rent or Lease Liability
208.955(1) (Application) This instruction applies to an officer or non-commissioned member of the

a. Regular Force; and
b. Reserve Force on Class C Reserve Service.

208.955(2) (Entitlement) Where public quarters are not available, or where public quarters are available but an officer or non-commissioned member has been granted permission to live out, and the member vacates rented or leased accommodation as a result of the member being

a. posted to another base or other unit or element,
b. ordered into public quarters, or
c. moved other than temporarily with their base or other unit or element to another location,
the member is entitled to reimbursement for rent paid or for any liability under a lease, other than for damages, in accordance with paragraph (3).

208.955(3) (Reimbursement period) When an officer or non-commissioned member becomes eligible for reimbursement under paragraph (2), the period for which rent reimbursement is payable commences on the date the member vacates the rented or leased accommodation and, in respect of rental payments and other liability under a lease, the total reimbursement may not exceed an amount equivalent to two months rent or, in exceptional circumstances, up to three months rent if authorized by an officer commanding a command.*


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## DAA (28 Sep 2014)

HR Mgr said:
			
		

> *There's no benefit under Sep Expense because the benefit isn't just for those on IR, it's a benefit for everyone in the military, CBI 208.955. That is if you meet the criteria, which you certainly seem to do because you are posted IAW below 208.955(2)a.
> * *
> You are entitled to up to two months rent for lease liability:
> 
> ...



Doesn't apply to the dispostion of IR Residences/Accommodation, so there is no entitlement to Rent Lease Liability when it comes to terminating the lease for your IR accommodation once you have decided to relocate your family to your current place of duty.  This is why it is VERY VERY important, to negotiate a lease which contains a "30 days notice" termination clause.


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## Spring_bok (20 Apr 2015)

Can anyone provide a reference for the 30 day clause that would be useful in convincing a perspective landlord?


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