How does Breathing Space affect my ability to evict a non-paying tenant?

Start money claim online straight away whilst going through this process and then get a CCJ issued against them… or at least use this as a negotiating tool to get them out… if negotiations fail… issue the CCJ then they will have their credit file effected for years to come..

No, Michelle, you are not the one who has gone bonkers! You have illustrated perfectly why some landlords are leaving the market. No rent coming in means no money to do the legally required repars, etc., BUT they still have to be done.

Hi Michelle, Unfortunately this is something that was introduced during Covid, and has remained for no apparent reason that I can fathom. As you guessed, it is simply used as a vehicle to delay the eviction of the tenant/s. And save the local authority emergency housing costs. Is it right in any way? No it’s as far from right and fair as you’re going to get. Your only option is to keep in contact with the tenant/s and keep pleasantly repeating the date that they are due to vacate. Hopefully the local authority will arrange housing for them before the date, but it’s doubtful in most cases. On the plus side you can immediately call bailiffs without the need of returning to court as you already have the possession order. Not great news I’m afraid, but the truth of the situation you find yourself in. My advice is that you immediately change all the locks and secure all the windows once you receive possession. If the tenants break back into the property you’ll get zero help from the police or the local authority. Fingers and toes crossed for you. 🙂

Hi Michelle,

Issue a S21 while you still can
It is not affected by Breathing Space. You will have to go through the eviction process again, but without a court hearing. It will still be faster if your tenant decides to pull off the “mental Health Breathing Space” which can go on seemingly indefinitely.

One of my tenants tried that without realising that I was pursuing the S21 process. Her breathing spece was completely irrelevant to the court and got het out in 4 months.
You just want her out at this stage.

Breathing space orders are widely abused and unjustly prevent any eviction from taking place thats connected to tenancy arrears. This just results in further arrears. You may well find that the initial 60 days will be extended.

Just so I understand fully and perhaps to get some clarity for Michelle, does the breathing space void the court’s ruling or just delay it by 60 days?

If the Court’s award hasn’t been voided is Michelle able to instruct Bailiffs today for a date just after the 60 days have expired? Ie does the breathing space prevent a date for bailiffs being set at all or can that part go ahead?

Tenant must pay rent when breathing space is in place if not it is revokec

Thank you all so much for your contribution, I have felt completely at a loss by all this. The solicitor says I can return to court day after breathing space ends to organise bailiffs date, the possession order granted on 3rd March still stands, but I think serving an S21 anyhow, would be wise, thank you for that advice, so far we are down 3k on solicitors fees and the tenant has not paid a single penny, and isn’t paying a single penny in rent!

This may be a long shot but people like that boil my proverbial. Bearing in mind that this tenant next door must have been aware of the situation regarding the cognitive decline of their LL is it worth a quick visit to the authorities to get advice on fraud by deception? As you intimate it does feel like someone has taken advantage of a situation. Also as others state start a money claim online if not for the purpose of recovering the debt then as leverage, ie get out and i will forgive the outstanding rent.

Reply to the comment left by Markella Mikkelsen at 28/04/2025 – 11:34
my thoughts exactly. S21 to get possession asap. Also consider MCOL while she is still in there. Make her paid long term for the pain this has caused (not to mention the lack of rent)