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

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