Can tenants legally extend eviction delays with mental health breathing space?

Can tenants legally extend eviction delays with mental health breathing space?

0:01 AM, 13th November 2024, About 3 weeks ago 11

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Hi, I have tenants in my property who owe £15,000 in arrears, and I’ve applied to the court for eviction. The court hearing was scheduled for January 2024, and the bailiff was set to attend on August 12, 2024. However, just days before the bailiff appointment, they applied for a standard breathing space.

Now that the initial 60 days have expired, they have applied for another breathing space, citing mental illness.

I do not know what to do as it looks like they know how to milk the system. I’m worried that a mental health breathing space could potentially last for years, especially since they claim to be ill.

I’m also concerned that I might never get my property back, and my mother, who is the owner, is extremely ill and under a lot of stress from this ongoing situation.

Any advice would be greatly appreciated.

Thanks,

Marilena

Editor’s Note: On Shelter’s website they state:

There are 2 types of breathing space:

  • standard breathing space which lasts 60 days

  • mental health crisis breathing space which usually ends 30 days after your crisis care stops. You can have it more than once a year. The debt adviser will end the breathing space if they cannot get confirmation that you are still getting crisis treatment.

Breathing space is not the same as a payment holiday.

You should still pay your normal rent or mortgage if you can afford to. If you cannot afford the full amount, ask your debt adviser to help you work out how much you can pay.

More information can be found here


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Markella Mikkelsen

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9:09 AM, 13th November 2024, About 3 weeks ago

Hi Marilena,
As you say they know how to milk the system. They can claim "breathing space" for mental health issues indefinitely.

1. Issue a Section 21 notice TODAY. Breathing space will not affect section 21 proceedings. If you have already issued S21, then start the court proceedings TODAY.
2. You can contest the continuation of breathing space, although most charities will take the side of the tenant. However, the rules of breathing space clearly specify that it is not a payment holiday. You cannot discuss past debt, however once the tenant has entered breathing space they must continue fulfilling their current obligations, i.e. paying rent. If you can prove that they are still not paying you rent, the charity can consider stopping breathing space. Long shot, but worth trying.
Section 21 route is more dependable.

Dylan Morris

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10:50 AM, 13th November 2024, About 3 weeks ago

“my mother, who is the owner, is extremely ill and under a lot of stress from this ongoing situation”. I’d pick up the phone and speak to either Paul Shamplina at Landlord Action or Chris Sharpe at The Landlord Group. Yes it’s going to cost you, but your mother’s health is far more important.

Marilena Marciano

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11:15 AM, 13th November 2024, About 3 weeks ago

Reply to the comment left by Markella Mikkelsen at 13/11/2024 - 09:09Dear Markella,
Thanks for your reply.
my question is now, since their contract is expiring on June 2025 will they be able to extend the breathing space after that date?
now their breating space is expering at the end of December 2024. anything I can do to make sure they will not apply again to extend breathing space?
The letting agency is not able to go and check the property because no one is opening the door, no one is answering the e.mail no one is answering the phone.

LordOf TheManor

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12:14 PM, 13th November 2024, About 3 weeks ago

In this situation, the first thing I would do is check with the Council whether these tenants are collecting housing benefit and not passing it on. I would have done this at the first stage of the tenants getting into arrears.

If that does prove to be the case, apply for it to be paid to you direct.

If they're squandering housing benefit, you're allowing them to continue doing so if you don't check!

Northernpleb

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12:38 PM, 13th November 2024, About 3 weeks ago

Breathing space is a very bad piece of legislation , Covid has finished now . So why why is Breathing not finished as well.

I hope your get on ok. Section 21 while you still can.

Bernard Mealing

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12:58 PM, 13th November 2024, About 3 weeks ago

A tenant after being given 14 days to leave our property. then 3 days before Bailiff. applied to the courts for a section L244. A stay of execution That's right I think it's the same one used before they used to hang people....

Thankfully the judge kicked it out. Saying the tenant has had 3 months to move. but she countered it with I'm not well enough to lift furniture. The Judge asked who the person was with her she replied my 22 years old SON. Judge replied. He looks a strapping Lad he can help you. GOOD BYE. thank you Judge. The next stage was the council tried to twist my arm by offering to clear the debt.... NO way BYE BYE

Markella Mikkelsen

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17:41 PM, 13th November 2024, About 3 weeks ago

Reply to the comment left by Marilena Marciano at 13/11/2024 - 11:15
Hi Marilena,

Serve a Section 21 (while you still can). This starts the clock ticking for your tenants. If you have not served one before, go to an expert like Landlord Action (Paul Shamplina). It will cost you less than getting it wrong.
Then you can worry about the rest.

As someone here already said - check if they are getting universal credit or HB. If they are, request that you get paid direct. At least you will have some money coming in.

With regards to their AST, I don't know exactly what your AST says, however most ASTs don't "end". They go from fixed term to periodic. There is no guarantee at all that your tenants will leave when the fixed term ends.

Marilena Marciano

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18:40 PM, 13th November 2024, About 3 weeks ago

Reply to the comment left by LordOf TheManor at 13/11/2024 - 12:14
Thanks to all of you for the information , How I can find out if they get benefit with the coucil, I guess the Council will not give this infomation to me, I should go via legal steps?
Please let me know
marilena

Marilena Marciano

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18:51 PM, 13th November 2024, About 3 weeks ago

Thanks to all of you for the information , How I can find out if they get benefit with the coucil, I guess the Council will not give this infomation to me, I should go via legal steps?
Please let me know
marilena

A fedup landlord

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19:12 PM, 13th November 2024, About 3 weeks ago

Reply to the comment left by Marilena Marciano at 13/11/2024 - 18:51
You can call universal credit to find out if you have tenants' date of birth. Alternatively, you can apply on line through universal credit's website if the tenants owes more than 2 months rent. Although you will only get paid directly if tenant agrees and if they receive full benefit. Good luck

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