Bailiffs are our last resort

Tiglet2

jillconey said:

I’ve heard from bailiffs this morning that the tenant has been granted breathing space until Mid April on mental health grounds. It will then be reviewed. I can’t believe this is happening. This nightmare seems to be unending

Oh no, I'm so sorry to hear this.  This is exactly why being a landlord is no longer an attraction.  My previous tenants gave me notice back in 2018 and I took the opportunity of selling up once they had vacated.  Makes me realise that was the best time to sell rather than trying to evict them through a Section 21 and the courts.  

I have my fingers crossed that your tenants get evicted once and for all in Mid April.

Please do keep us updated.

WhiskersTheWonderCat

Their mental health seems to take priority over yours. 

fatbelly

jillconey said:

I’ve heard from bailiffs this morning that the tenant has been granted breathing space until Mid April on mental health grounds. It will then be reviewed. I can’t believe this is happening. This nightmare seems to be unending

sigh.

as predicted.

Worth challenging. I think Iposted the guidance earlier

Titus_Wadd

DD has a chance to work abroad for a year and is thinking of letting out her house; offered support but I'm  trying to talk her out of it.  I might show her this thread as a cautionary tale.
I sincerely wish you well OP,  and hope you get it resolved in April. 

deannagone

Hoping the reality is not as Shelter suggests  https://england.shelter.org.uk/professional_resources/legal/debt/breathing_space_and_mental_health_crisis_moratoriums/mental_health_crisis_moratoriums#:~:text=What%20is%20a%20mental%20health%20crisis%20moratorium%3F,-A%20mental%20health&text=A%20moratorium%20prevents%20creditors%2C%20including,are%20not%20able%20to%20pay.

A moratorium prevents creditors, including landlords and mortgage lenders, from taking enforcement action against debtors who are not able to pay.

There is no limit to how many times a debtor can enter a mental health crisis moratorium.

But later on Shelter says (note the enboldened end sentence) :

Possession proceedings

Once the moratorium begins, a landlord or lender cannot:

• give an occupier notice to leave due to arrears

• issue a possession claim for arrears

• apply for a warrant to evict an occupier for arrears

A landlord or lender can take steps to evict an occupier for reasons other than arrears. For example, a landlord can issue a section 21 notice or start a possession claim on antisocial behaviour grounds.

I hope this helps. If I am not missing something, you might not be able to evict them for arrears but even if they reapply for the moratorium after this one runs out, you can still evict via a S21 or for antisocial behaviours.  Not an easy solution, but it might be worth looking at again.

jillconey

At the moment, in the middle of the night, the situation feels hopeless.  I’m pinning my hopes on solicitors being able to challenge this breathing space but after reading above it seems a lost cause. We have lost my fathers home . A just can’t see any way forward and all hope is lost. 

fatbelly

Get this in front of a judge. Breathing space doesn't stop the section 21 eviction process for assured shorthold tenants. 

MH Breathing Space doesn't have a fixed endpoint. It lasts as long as the person's mental health crisis treatment, plus 30 days, no matter how long the crisis treatment lasts.

theartfullodger

Under English law tenants have right to challenge or modify attempts to evict.  Up to time bailiffs walk up front path.  

Quite right to, IMHO.  

Artful, landlord since 2000

deannagone

Please read the last bit.  Its not hopeless.  But looks like you will have more success  if you seek to end tenancy through S21 rather than arrears.  If they repeat the moratorium you could be waiting a long time to evict through arrears.  But please do your own research and get advice.  I suspect the more difficult route will be challenging the moratorium.

However, as these tenants seem likely to be what is called 'professional tenants' (able to find all the ways possible of fighting eviction) you probably would be better to get legal help to make sure a S21 is valid, and to help with the rest of the process.  You should be able to get them evicted in the end. But its not hopeless, just difficult. There is a difference.  

Wishing you the best.

Emily_Joy

fatbelly said:

Get this in front of a judge. Breathing space doesn't stop the section 21 eviction process for assured shorthold tenants. 

MH Breathing Space doesn't have a fixed endpoint. It lasts as long as the person's mental health crisis treatment, plus 30 days, no matter how long the crisis treatment lasts.

But according to OP they already served Section 21 more than 14 months ago, as far as I understand.