Section 8 must now include details of Breathing Space scheme

Section 8 must now include details of Breathing Space scheme

9:52 AM, 4th May 2021, About 2 months ago 15

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Rushed changes made to evictions legislation have meant from today (May 4th) Section 8, and it has been advised all eviction procedures, must include details of the government’s ‘Breathing Space’ scheme or face the risk of the eviction being rejected. This is a debt respite scheme full details of which can be found if you Click Here.

Housing minister, Christopher Pincher, inserted an amendment into The Assured Tenancies and Agricultural Occupancies (Forms) (Moratorium Debt) (Consequential Amendment) (England) Regulations 2021 >> https://www.legislation.gov.uk/uksi/2021/518/contents/made

There are two types of breathing space that a tenant may enter, a standard breathing space and a mental health crisis breathing space.

Creditors (landlords) are not allowed to contact tenants directly to request payment of the debt or take enforcement action to recover the debt (including by taking possession of a property) for a maximum of 60 days. For a mental health crisis breathing space, the Breathing Space only ends 30 days after the tenant’s treatment ends.

Debtors can only access a breathing space by seeking debt advice from a debt adviser. Anyone who cannot or is unlikely to be able to repay their debts can apply to a debt adviser for a standard breathing space. Although all applications must be considered, the debt adviser might decide a breathing space is not appropriate for a debtor.

The Breathing Space is designed to give debtors time to restructure their finances rather than rushing into even more costly loan arrangements. However, it has been indicated that a tenant should still pay their rent during this period.

Once a tenant has entered into a breathing space you must not until it has finished:

  • Contact the tenant directly in relation to the debt
  • Obtain a warrant in relation to the debt
  • Serve a notice seeking possession because of the debt
  • Sell on the debt to a third party
  • Charge interest on the debt over the period covered by the breathing space
  • Apply for a judgement in relation to the debt
  • Enforce an existing money judgement for the debt
  • Take control of the tenant’s belongings during the breathing space
  • Request third party deductions from Universal Credit or other benefits
  • Start bankruptcy proceedings

Tim Frome of Landlord Action said: “Anyone who serves a notice using the incorrect template runs the risk of having their case thrown out on a technicality. With six-month notice periods in place at the moment this could be a very expensive mistake.

“This further highlights why landlords should use a Solicitors Regulation Authority regulated and authorised law firm such as Landlord Action to serve possession notices.”

Contact Landlord Action

Specialists in tenant eviction and debt collection. Regulated by The Law Society.


Comments

by Richie

11:29 AM, 8th May 2021, About 2 months ago

Someone tell me what does Shelter spend their money on including the massive grant they get from UK GOV?
High earners at Shelter do nothing but work against the PRS but not it seems trusts and local authorities.

by Mick Roberts

16:17 PM, 9th May 2021, About 2 months ago

Reply to the comment left by Richie at 08/05/2021 - 11:29
This is my experience with Shelter this week-And some of it in public on Twitter:

The help I cannot get this week for a Mental Health tenant is shocking. I've put together Nottingham City Council Welfare Rights, Homeless Section, Job Centre, Housing Benefit, DWP Digital and none of em can work with each other and me to keep this 56 year old man who's 80 year old parents have passed away, in one of my houses. Instead they advising him to go to Law Centre and Shelter UK to ask about illegal eviction. There would be no ruddy eviction if we can talk and solve and I can keep him in the home he's lived in for 40 years.

by moneymanager

13:38 PM, 10th May 2021, About a month ago

Reply to the comment left by DALE ROBERTS at 04/05/2021 - 13:18
"The cladding issue is more than a scandal.
It's a human rights abuse.
Initiated and condoned by the Tories."

The resolution might have been hindered by recent government's actions but surely the problem stems from changes in the fire inspection and regulation regimes which I think were initiated under the Blair/Brown administrations, moving from a fire service inspection process to one of owner/contracted third party responsibility? That change also introduced the concept of measurement to "the current standard" rather than to that pertaining at the date of construction, all well and good you might say but which has resulted now in an EWS that i s valid for just FIVE years, less than an EPC!

by DSR

17:23 PM, 10th May 2021, About a month ago

Reply to the comment left by Mick Roberts at 09/05/2021 - 16:17
similar scenario to me. Tenant had an 'episode' (issues resulted but we have been able to mediate between ourselves to forge a plan going forward) and has since asked GP for help as part of this mediatory 'agreement'. He told me that the GP said pointless putting a referral for MH assistance/help as waiting list too long and half of services in area cut anyway. In other words...unless tenant becomes a danger to his own life or directly others then no one is there to help. The LL is clearly the 4th Emergency Service to deal with all the social assistance that a tenant may need, but if when it comes to it the issue of accommodation problems, all doors are shut and apparently the only avenue you have is to evict before anyone does anything!
Terrible situation. No one benefits and if anything the LL turns his heels and runs for the hills. Final score LL 0, tenant 0 and -1 property on the market for rental...

by Mick Roberts

17:37 PM, 10th May 2021, About a month ago

Reply to the comment left by DSR at 10/05/2021 - 17:23
Yes that's the same with Nottingham Council
I've more or less got my tenant safe in the house now, but £2680 arrears soon, but now he's 'safe' Council don't want to know, as they will only get involved when eviction looms. So in few months time, I'll have to pay Chris at Possession Friend to start the eviction off (As I can't do 'em any more, need a University Professors degree with the constant changes) & then maybe Homeless section will pay that too.

Ha ha yes, we all lose then we sell the house & some novice Landlord buys it that almost definitely won't put Benefit tenant in.


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