PMQ

[GIJaneTechie]

When the civvie is invited and enters a contract (rental) I think that trespass is OBE.

Yes she was invited. Thank you for your advice! She's still threatening future legal action so preparing as much as possible, it will be mentioned to CFHA but

Squadron Chief Warrant Officer.

You need to get your chain of command involved and ask for their guidance/assistance, before this snowballs. She can threaten whatever she wants, but give her the print out of the link Zoomie posted, give her some reasonable time to pack her things and have a prearranged a time for the MPs to show up to escort her out. She has no legal right to military housing. If she wants some, give her the address to the Recruiting Center. She can take you to small claims court (someone previously posted that), so if she digs her heels in then prepare for a fight.

You need to protect the PMQ, if she starts smashing walls and windows then you're on the hook for damages. CFHA doesn't care that she was a tenant.

She's been served with a legal letter which she accepted and agreed of a move date of September the 1st. However, the conversation I stepped into between her and her boyfriend, was she'll begin the move out in September and take until December. She was operating under the assumption, I would on training out of province so not physically here to enforce the legal letter and my absence, would allow her to move out when she wants to. (not going away to training until she's out) I am coming home to damage (minor drywall damage but still damage) The CoC has been informed, after September 1st, they will request an evication notice from the Base Commander but that could take months and months. The MP's apparently cannot help, unless I see her damaging the PMQ, her threatning to physically assault or physically assaulting . . . apparently, according to them, she can squat. Any other suggestions??????

 

[Zoomie]

Yes she was invited. Thank you for your advice! She's still threatening future legal action so preparing as much as possible, it will be mentioned to CFHA but

She's been served with a legal letter which she accepted and agreed of a move date of September the 1st. However, the conversation I stepped into between her and her boyfriend, was she'll begin the move out in September and take until December. She was operating under the assumption, I would on training out of province so not physically here to enforce the legal letter and my absence, would allow her to move out when she wants to. (not going away to training until she's out) I am coming home to damage (minor drywall damage but still damage) The CoC has been informed, after September 1st, they will request an evication notice from the Base Commander but that could take months and months. The MP's apparently cannot help, unless I see her damaging the PMQ, her threatning to physically assault or physically assaulting . . . apparently, according to them, she can squat. Any other suggestions??????

What base are you at?

 

[SeaKingTacco]

Yes she was invited. Thank you for your advice! She's still threatening future legal action so preparing as much as possible, it will be mentioned to CFHA but

She's been served with a legal letter which she accepted and agreed of a move date of September the 1st. However, the conversation I stepped into between her and her boyfriend, was she'll begin the move out in September and take until December. She was operating under the assumption, I would on training out of province so not physically here to enforce the legal letter and my absence, would allow her to move out when she wants to. (not going away to training until she's out) I am coming home to damage (minor drywall damage but still damage) The CoC has been informed, after September 1st, they will request an evication notice from the Base Commander but that could take months and months. The MP's apparently cannot help, unless I see her damaging the PMQ, her threatning to physically assault or physically assaulting . . . apparently, according to them, she can squat. Any other suggestions??????

None of this sounds correct, based on my experience in dealing with a similar situation.

Defence Controlled Access Area Regulations are pretty clear. Nobody has a “right” to be on DND property and an agreement by you to “sublet” a PMQ to a civilian does not over ride an Act of Parliament.

I, too, would be interested in knowing at what base this is occurring.

 

[Blackadder1916]

None of this sounds correct, based on my experience in dealing with a similar situation.

Defence Controlled Access Area Regulations are pretty clear. Nobody has a “right” to be on DND property and an agreement by you to “sublet” a PMQ to a civilian does not over ride an Act of Parliament.

I, too, would be interested in knowing at what base this is occurring.

But the "letter of the law" is often trumped by the potential for poor public perception. Would you want to be the BComd identified as intervening in a civil dispute? And at what stage, if military authorities become involved, does the OP become an "administrative burden"?

 

[SeaKingTacco]

But the "letter of the law" is often trumped by the potential for poor public perception. Would you want to be the BComd identified as intervening in a civil dispute? And at what stage, if military authorities become involved, does the OP become an "administrative burden"?

The immediate issue for the BComd is not the sublet, but DCAARs.

A civilian has no statutory access rights to an RHU on DND property- full stop. A member of the CAF has no right to sublet their RHU. That “lease“ has no force in law. It is like you “leasing“ out your tank or LAV or CF-18- you cannot because it is not yours. It belongs to the Crown.

I am still at a loss as to why the BComd or equivalent does not deploy the MPs to remove the sub-tenant. As an aside, if I were the BComd, I would be discussing with CFHA evicting the OP for creating this mess in the first place.

 

[Quirky]

Time to get some buddies from work and make sure she is out September 1st, since it's obvious the MPs have better things to do than enforce trespassing on DND property. Do 32km/h in a 30 zone however, watch out.

I can't believe this is still dragging on this long.

 

[GIJaneTechie]

What base are you at?

My CoC has been very supportive and everyone is doing what they can to assist, and understandly, we have to wait on whether or not, she complies (I've sp accepted and agreed to this letter so I need to adhere to it) but when I called the MP's giving an explanation, I was told unless I see her doing something illegal or threats/acts of physical violence, are occurring, they will be involved. According to them, landlord tenant laws apply to PMQ's and I would have contact Victoria PD. Kinda of "Best of Luck, Kid"
I'm trying to preserve annonmouity

But the "letter of the law" is often trumped by the potential for poor public perception. Would you want to be the BComd identified as intervening in a civil dispute?

Re: Zoomie
My CoC are doing what is in their power, and I also have to adhere to this legal letter, so any further action has to wait until after but would like to be proactive (if A happens, what is B)

 

[GIJaneTechie]

The immediate issue for the BComd is not the sublet, but DCAARs.

A civilian has no statutory access rights to an RHU on DND property- full stop. A member of the CAF has no right to sublet their RHU. That “lease“ has no force in law. It is like you “leasing“ out your tank or LAV or CF-18- you cannot because it is not yours. It belongs to the Crown.

I am still at a loss as to why the BComd or equivalent does not deploy the MPs to remove the sub-tenant. As an aside, if I were the BComd, I would be discussing with CFHA evicting the OP for creating this mess in the first place.

You're allowed to rent rooms to non dependents and family members, as long as you're not profiting off of it or reside somewhere else, and then subletting the RHU to individuals. Also, as long as CFHA is aware of who your roommate is (had this information verified from DND references and confirmed by CFHA.) I had good faith that this individual would not cause a toxic home environment and also, respect the notice to vacant. So now, I could lose my housing? (Unless, I've completely misinterpreted your post)

The immediate issue for the BComd is not the sublet, but DCAARs.

A civilian has no statutory access rights to an RHU on DND property- full stop. A member of the CAF has no right to sublet their RHU. That “lease“ has no force in law. It is like you “leasing“ out your tank or LAV or CF-18- you cannot because it is not yours. It belongs to the Crown.

I am still at a loss as to why the BComd or equivalent does not deploy the MPs to remove the sub-tenant. As an aside, if I were the BComd, I would be discussing with CFHA evicting the OP for creating this mess in the

 

[GIJaneTechie]

What base are you at?

My CoC has been very supportive and everyone is doing what they can to assist, and understandly, we have to wait on whether or not, she complies (I've sp accepted and agreed to this letter so I need to adhere to it) but when I called the MP's giving an explanation, I was told unless I see her doing something illegal or threats/acts of physical violence, are occurring, they will be involved. According to them, landlord tenant laws apply to PMQ's and I would have contact PD Kinda of "Best of Luck, Kid"

 

[Blackadder1916]

. . . when you mention, the OP as becoming an administrative burden, you're referring to the roommate?

No, I was referring to you.

 

[GIJaneTechie]

No, I was referring to you.

 

[GIJaneTechie]

Time to get some buddies from work and make sure she is out September 1st, since it's obvious the MPs have better things to do than enforce trespassing on DND property. Do 32km/h in a 30 zone however, watch out.

I can't believe this is still dragging on this long.

yeah, it's something else.
thanks for the reply btw!

 

[lenaitch]

It seems the "toxic environment" the CFHA is using as a benchmark has already occurred. The OP might want to forward the previous links to the the BC tenant legislation to the MPs, because if VPS is called, they might know better.

 

[SeaKingTacco]

It seems the "toxic environment" the CFHA is using as a benchmark has already occurred. The OP might want to forward the previous links to the the BC tenant legislation to the MPs, because if VPS is called, they might know better.

And, once again, the landlord/tennant of “whatever province” does not supersede an Act of Parliament, namely DCAARs.

 

[lenaitch]

And, once again, the landlord/tennant of “whatever province” does not supersede an Act of Parliament, namely DCAARs.

I think that's what I said (or intended to say). The MPs are apparently brushing it off as a provincial LTA matter, and that if the OP ends up calling VicPS like the MPs directed, they probably know better.

 

[CountDC]

and the status is.........

my 2 cents - when the MPs say call if she does something illegal do it. As of 1 Sep she is no longer invited on DND property so by being there she is doing something illegal.

I once had an issue that involved a neighbour calling local enforcement officers. When I spoke to the officer he advised me that he was not actioning the complaint because
1. It was obviously a frivolous complaint over a small item that was filed out of spite and anger that they didn't get their way; and
2. He didn't have the jurisdiction to do anything anyways as it was DND Federal Property. They would have to go through PMQ/military channels with their complaint.

 

[avn007]

How did this end?

 

[PuckChaser]

OP hasn't been back since August 2021.