S21 and breathing space debt respite scheme?

S21 and breathing space debt respite scheme?

9:23 AM, 28th February 2024, About 3 months ago 8

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Hi, once you have a possession order based upon the Housing Act, S8 grounds 8, 10, or 11 the tenant can apply for Relief if sanctions, i.e. put a hold on the bailiff for 60 days breathing space  (Debt respite scheme si 2020).

Having read the above this does not apply to S21 proceedings or say S8 Nuisance proceedings.

The bailiffs cancelled an eviction due today as the tenant applied for breathing space. When advised breathing space does not apply to S21 the bailiff asked a judge who would have a look at the file.  So I may get an eviction in 2 weeks, but I may have to wait 60 days.

Breathing space can be renewed in certain circumstances, giving indefinite free accommodation if S21 is prohibited.

The Shelter website says S21 proceedings can be issued during breathing space. It is my view that enforcement of the debt (or costs) can not be carried out but possession can. The internal bailiffs’ guidance says it cannot.

Has anyone had any experience with this?

Thanks,

David


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Comments

Bernard Mealing

12:49 PM, 28th February 2024, About 3 months ago

I Had similar. Tenant £12k in arrears. Judge gave tenant 2 weeks to leave. then 10 days before bailiffs visit applied under a S 244 for a stay of execution of eviction. Judge gave us 2 days notice of the hearing in person ( 2 days. for that and 10 weeks for the first hearing ) !!!

Anyway he denied the application and eviction went ahead.

Michael Booth

16:54 PM, 28th February 2024, About 3 months ago

Another nail in the coffin for prs

JB

17:48 PM, 28th February 2024, About 3 months ago

... and when do landlords get breathing space from the stress tenants cause?

Smiffy

20:15 PM, 28th February 2024, About 3 months ago

There's a case of beer waiting for the first landlord to have the balls to ask the Judge, to underwrite the additional 60 days rent, if the tenant fails to clear the debt.

Victoria Valentine

12:09 PM, 29th February 2024, About 3 months ago

Section 21 is not captured by Breathing Space, so proceedings should absolutely continue. Breathing Space is related to debt-relief only and you're not chasing for money.

David Houghton

9:43 AM, 1st March 2024, About 3 months ago

Reply to the comment left by Victoria Valentine at 29/02/2024 - 12:09
Yes that is my understanding too, s7 of SI 2020/1311 states it's only applicable to a debt.

The problem is bailiffs at Preston Court have an internal use only document for guidance. Presumably written by non legally qualified staff. Saying they cannot evict even on s21.

I have asked the Debt advisor to carry out a review, and will make an application to the court to have this overturned if unfavorable

My mistake was to talk to the council and let them know she had a debt (not part of these proceedings). In future I will not engage with the homeless prevention team even though they have given me several good tenants.

The main issue is get clarification to the bailiffs of my local court and others that their internal guidelines are not compatible with the law

David Houghton

9:45 AM, 1st March 2024, About 3 months ago

Reply to the comment left by Bernard Mealing at 28/02/2024 - 12:49
Thanks for your reply, she does owe me 12k but that's dealt with in separate proceedings. Your case is slightly different

David Houghton

9:47 AM, 1st March 2024, About 3 months ago

Just a quick add on. This is Preston by the way. Obviously I am not allowed to post her details but any landlords in the same area would be wise to avoid tenants put forward by Preston City Council for a while

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