Breathing Space is a government initiative that aims to help individuals manage their debts by giving them time to get advice and tackle their financial challenges.
There are two types of Breathing Space:
Standard Breathing Space: This scheme requires most creditors to pause debt collection activities and freeze interest and charges on eligible debts.
Mental Health Crisis Breathing Space: This provides additional protection for individuals undergoing mental health crisis treatment.
Table of Contents
- Breathing Space for tenants struggling with rent arrears
- Who is covered by a Breathing Space moratorium?
- Can landlords serve notices for rent arrears during Breathing Space?
- What happens to rent arrears notices during Breathing Space?
- How should landlords handle court proceedings during Breathing Space?
- Can landlords evict tenants during Breathing Space?
- What happens to scheduled evictions at the end of Breathing Space?
- How do tenants apply for Breathing Space?
- How can Lawhive help?
Breathing Space for tenants struggling with rent arrears
Breathing Space, including measures for mental health crises, alters the process for tenants dealing with rent arrears.
During a moratorium, landlords can't:
Issue notices for rent arrears
Apply for possession orders based on rent arrears
Enforce eviction warrants due to rent arrears.
Who is covered by a Breathing Space moratorium?
Breathing Space can be used by private and social housing tenants dealing with rent arrears.
After applying and obtaining a Breathing Space moratorium, landlords can't issue notices for rent arrears accrued before the moratorium was granted, nor can they legally evict a tenant on the grounds of rent arrears.
However, tenants must continue paying their rent during this period to prevent further action by landlords, as the moratorium only covers arrears accrued before the application.
Can landlords serve notices for rent arrears during Breathing Space?
During a moratorium, landlords can't issue notices specifically for rent arrears covered by Breathing Space or a mental health crisis moratorium.
However, they may still serve other notices or take legal action for different reasons, such as a Section 21 notice.
What happens to rent arrears notices during Breathing Space?
Notices for rent arrears can't be sent during Breathing Space or a mental health crisis moratorium.
Any notices issued during this time are invalid, although exceptions may be made by the court in certain cases.
How should landlords handle court proceedings during Breathing Space?
Landlords must tell the court if proceedings are ongoing when a Breathing Space period begins.
Any actions contrary to Breathing Space rules are deemed invalid. If a landlord doesn't tell the court, the tenant or their legal representative has the right to do so independently of the landlord.
Can landlords evict tenants during Breathing Space?
During a Breathing Space or mental health crisis moratorium, tenants can't be evicted based on rent arrears covered by the moratorium.
Landlords must tell the court about any planned evictions during this period.
What happens to scheduled evictions at the end of Breathing Space?
For Breathing Space, evictions should be postponed until at least 14 days after the moratorium ends.
If a debtor has applied to suspend the eviction, it will be rescheduled accordingly.
How do tenants apply for Breathing Space?
A debt adviser can put someone into a moratorium if they have all the details of their debts.
However, a mental health crisis moratorium might take longer as a professional opinion may be needed to verify the individual's psychological condition.
How can Lawhive help?
The Breathing Space initiative provides support for tenants dealing with rent arrears, giving them time to address their debts without immediate eviction threats.
During Breathing Space periods, landlords must be aware of their duties and rights outlined in Breathing Space regulations. This ensures tenants are treated fairly while safeguarding landlords' interests.
If landlords proceed with eviction for rent arrears accumulated before the moratorium, despite Breathing Space being in effect, tenants can apply for a warrant of restitution to regain access to the property and may also be entitled to claim damages for unlawful eviction.
For landlords seeking guidance on legal eviction procedures, issuing notices, or obtaining possession orders, our network of landlord and tenant solicitors offers affordable fixed-fee legal services. Contact us today for a free case evaluation and quote from our Legal Assessment Team.