Tenant in rent arrears and universal credit denied?
2 years ago | 20 comments
Tenants on breathing space respite scheme?
12:01 AM, 23rd November 2023, 2 years ago
9
Hello, we are first-time landlords and we have nightmare tenants. They haven’t paid us any rent in the last 13 months and when we tried to evict them via section 8 they went into breathing space.
There are 3 tenants and they are going into breathing space one after another which prevents us from getting into the property. Is there anything I can do?
Thanks.
Editor’s Note: Breathing Space is a debt respite scheme. The government introduced the scheme in 2021 during the pandemic.
The government states:
A standard breathing space is available to anyone with problem debt.
It gives them legal protections from creditor action for up to 60 days. The protections include pausing most enforcement actions including bailiff eviction and contact from creditors and freezing most interest and charges on their debts.
Debtors can only access a breathing space by seeking debt advice from a debt adviser. Anyone who cannot or is unlikely to be able to repay their debts can apply to a debt adviser for a standard breathing space.
A breathing space will start the day after the debtor’s details are put onto the breathing space register. During the process the person will need to work with the debt adviser to find a long term debt solution and report any changes. The adviser will review the situation after 30 days.
More information can be found on the government website here
Tags:
breathing space respite scheme, debt respite, Eviction, landlord tenant, rent arrears, rental property
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Member Since August 2016 - Comments: 1190
10:18 AM, 23rd November 2023, About 2 years ago
Just issue a Section 21
Member Since August 2023 - Comments: 13
11:17 AM, 23rd November 2023, About 2 years ago
dont know whether to laugh or cry!
People who are incentivised or allowed to borrow other peoples money and then not pay it back….
In the old days that was called criminality and theft
i wonder how those politicians who believe in Robin Hood politics would feel if their homes, possessions were taken from them and given to strangers because the law demanded it?? I suppose they may then have a different view when it personally affects them
Member Since May 2014 - Comments: 147
12:12 PM, 23rd November 2023, About 2 years ago
`Breathing Space`..?? don`t hold your breath.
OK, I`ll eat your loaf of bread then take a week to decide whether to pay for it.
Member Since August 2022 - Comments: 100
12:23 PM, 23rd November 2023, About 2 years ago
Sorry to hear of your nightmare tenants.
I had one who tried to do the same. But Section 21 does not come under Breathing Space.
So –
1) Serve a Section 21 TODAY. Include Gas Safe, How to rent guide and EPC. You can start court proceedings in 2 months time.
2) Breathing Space does not absolve a tenant from current obligations, including rent. It only applies to past debt, i.e. rent arrears. Your tenant in breathing space has to keep up with current obligations, so he/she must pay you rent. So if they are not paying you any rent, you can write to Breathing Space and ask them to discontinue the scheme.
You have 20 days to put in your objection.
I hope this helps.
I agree Breathing Space is an excuse for delinquent people to carry on being delinquent. You can also write to the charity that is managing the BS scheme and ask for compensation if they have not followed the BS guidelines (i.e. inform you on time, allow you time to object etc)
Member Since September 2023 - Comments: 335
12:30 PM, 23rd November 2023, About 2 years ago
Most recieve housing benefit and don’t pay the rent, that’s fraud to me
Member Since September 2022 - Comments: 198
1:39 PM, 23rd November 2023, About 2 years ago
Constantly on a learning curve with PRS as never heard of breathing space being applicable to not paying rent. So who has advised your tenants they can ‘get away’ with not paying rent under this clause. I’d go with Markella reply and look further into this and if necessary get some professional advice. Join NRLA which allows this under their membership.
Member Since September 2013 - Comments: 771
7:57 PM, 23rd November 2023, About 2 years ago
I had a tenant with arrears get granted breathing space for standard 60 days.
He didn’t pay any rent in breathing space even thou he was getting some housing benefit.
Yes you can ask for a review but not for them not paying the rent while in breathing space.
I asked Step change how they thought this was helping the tenant by him getting in more debt until I could serve S8. How does helping him but putting the landlord and gaurantor in a difficult situation be fail.
It is just a method of slowing the S8 into the court system at the landlords expense.
Member Since June 2013 - Comments: 1121
8:53 AM, 24th November 2023, About 2 years ago
You need to get ruthless. This is a business not a charity. Get hold of someone like Paul Shampalina at Landlord Action and get these money sucking vampires out. Stop being nice.
Member Since May 2016 - Comments: 1570 - Articles: 16
12:04 AM, 25th November 2023, About 2 years ago
@ ‘first time landlords ‘
Would you like to contact us for advice