Labour blasts Green Party over hypocrisy in Section 21 eviction row
12 months ago | 1 comments
How does Breathing Space affect my ability to evict a non-paying tenant?
9:10 AM, 28th April 2025, 12 months ago
27
Hi, in March 2024, I was granted Power of Attorney for my 83-year-old friend with dementia. I later discovered that her tenant next door had not been paying rent to her.
I believe it is because the tenant realised my lovely 83yr old wouldn’t be able to spot the fact no rent was going in and in any case certainly couldn’t take any action. I invited the tenant to come and talk to me, to make some arrangement. However she said no and simply said ‘you can write to me’ and ‘don’t speak to me informally’.
Since then, I have taken the tenant to court and on 3rd March 2025 (yes a year later!) We were awarded the property back and said tenant had to leave on or by 17th March.
However, the tenant stayed put and I had to go back to court to get court appointed bailiffs which were booked for 10th April, in the meantime said tenant got a ‘Breathing Space’ order which allows 60 days to gather the arrears, we weren’t even chasing the £5,339 arrears we just want the property back.
The breathing space ends on 13th May when I will need to return to court to get a new date for the bailiffs which can take up 60 days. No matter what I do, I can’t seem to evict this non paying tenant, even WITH a court order. Has the world gone totally bonkers or is it just me?
I do have friends who are brilliant tenants, but tenants like this one ruin it for everyone else. Especially now, with the government deciding that dealing with bad tenants in social housing is anyone’s job but theirs, and making it nearly impossible to remove bad tenants from the private sector through new legislation
Apparently if the tenant can now get a breathing space for mental health issues, I will really be stuck. Does anyone know a sure-fire way to remove this tenant?
Thanks,
Michelle
Tags:
Breathing Space Tenant, Court Order Tenant Eviction, Evicting Non-Paying Tenant, eviction process, power of attorney
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Member Since May 2025 - Comments: 15
5:00 PM, 5th May 2025, About 11 months ago
Reply to the comment left by Michelle Gaspar at 05/05/2025 – 10:07I feel so sorry for you..it was the most horrendously stressful thing for me, and the fact these people can get away with anything they want and we are totally alone. It is beyond unfair.
This breathing space thing is being completely abused by some tenants but where is the support for us?
Be prepared..as I said ..my tenant had the gall to go back to court on eviction day as we were all in the doorstep!!
Why is there not a register of bad tenants??
Member Since May 2015 - Comments: 2190 - Articles: 2
5:04 PM, 5th May 2025, About 11 months ago
Reply to the comment left by Sara Rowland at 05/05/2025 – 16:48
Sara, just spend £35 to take the tenant to court for £300, using his last known address, i.e. your property. This will result in a default judgement in about three weeks at minimal cost to you. Any CCJ, no matter how small, will deter a new landlord.
Member Since April 2025 - Comments: 7
5:05 PM, 5th May 2025, About 11 months ago
Ar the end of the day this is not my property and not my loss of rent but I have known my neighbour for 30 yrs she asked if I would be POA to feel safe about her future and by hook or by crook I will defend and look after her to the end, in my eyes she has adopted me as a daughter figure and I will therefore behave just as I would if she were my own mum and to the end I will get her property back for her. This is a great support forum. X Sara take care. M
Member Since May 2025 - Comments: 15
5:30 PM, 5th May 2025, About 11 months ago
Reply to the comment left by TheMaluka at 05/05/2025 – 17:04
Thank you…do you mean take him to small claim’s court for only £300.00…not the real amount, in order to get a CCJ ?
I am so sorry, but being a bit dense…but I took him to court for a possession hearing ( section 8) with costs, got a judgement against him, but he did not honour that…is this different? ….
Member Since March 2023 - Comments: 1506
7:44 AM, 6th May 2025, About 11 months ago
Pragmatically, you wont get your rent arrears – so issue an MCOL claim for just £300 of them and this will only cost you £35 but will stuff the tenant for the next 6 years.
Member Since May 2015 - Comments: 2190 - Articles: 2
8:45 AM, 6th May 2025, About 11 months ago
Reply to the comment left by Sara Rowland at 05/05/2025 – 17:30
Yes, it is different, the CCJ will be registered against his name and as Glen indicated his financial life will be severely impeded for the next six years. The process of a moneyclaim, all done from the comfort of your computer chair, is called revenge.
Make the claim via https://hmcts-access.service.gov.uk/login?client_id=civil_citizen_ui&response_type=code&redirect_uri=https://www.moneyclaims.service.gov.uk/oauth2/callback&scope=profile%20openid%20roles%20manage-user%20create-user%20search-user and after about three weeks apply for a default judgement.
Member Since May 2025 - Comments: 15
10:25 AM, 6th May 2025, About 11 months ago
Reply to the comment left by TheMaluka at 06/05/2025 – 08:45
Thank you !