Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:11:p116
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 11 (pt 116/153)
Character Range: 1468068–1473491

12 months and choose not to include a release clause in the lease is not eligible for housing assistance when that own home is in the member's housing benefit location or family benefit location.

    Note 1: Housing assistance may be provided under 7.2.17 to a member in these circumstances.
    Note 2: In some jurisdictions a member may not be able to include a release clause.
3.  If a member does not include a release clause in a lease, they must tell the Defence Housing Australia Regional Operations Manager in writing all the following.
    a.                                                                                                                                                                                                                                                       Why a release clause was not in the lease.
    b.                                                                                                                                                                                                                                                       The length of the lease and when the lease was signed.
    c.                                                                                                                                                                                                                                                       What they are doing to be able to live in the home.

7.2.16 Member waiting for a tenant to leave their home

   If a member has included a release clause in a lease, their own home is taken to be unsuitable when all these conditions are met.
   a.                                                                                                                                 They rented the house to a tenant before they knew the location where the house is would become their housing benefit location or their family benefit location on their next posting.
   b.                                                                                                                                 Notice to terminate the tenancy has been given in time to allow the member to occupy the house on commencement of the member's next posting in the location becomes their housing benefit location or their family benefit location.
   c.                                                                                                                                 They must wait for a period set out in the lease before they can live in the home.

7.2.17 CDF discretion to grant assistance

   A member who is not eligible for housing assistance under section 7.2.15 is eligible for housing assistance if the CDF is satisfied the member has done all of the following.
   a.                                                                                                                                                                             Notified the tenant in writing at the earliest practicable date that the lease is to be terminated.
   b.                                                                                                                                                                             Taken any other formal steps under the relevant State or Territory legislation necessary to obtain vacant possession of the home.
   c.                                                                                                                                                                             Advised the Defence Housing Australia Regional Office in writing of all of the following.
                                                                                                                                                                                  i.                                                                                                                                 The earliest date that they are able to live in the home.
                                                                                                                                                                                  ii.                                                                                                                                The reason a release clause was not included in the fixed term lease.
                                                                                                                                                                                  iii.                                                                                                                               The length of the lease and the date it was signed.
                                                                                                                                                                                  iv.                                                                                                                                The actions taken to be able to obtain vacant possession of, and live in, the home.

7.2.18 Home leased for commercial purposes

   A member is not eligible for housing assistance if they have lease their suitable own home for commercial purposes.

Part 3: Home sale or purchase

7.3.1 Purpose

1.  Two forms of assistance to purchase or sell a home are available to a member or their