Bailiffs are our last resort

theartfullodger

Emily_Joy said:

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.

As (in my experience ) any prudent landlord knows, court may grant more time. 

jillconey

The Section 21 was served in December 2021

jillconey

theartfullodger said:

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

Seriously??!! Have you read this thread at all. We are trying to sell my fathers home to fund his care and you think it acceptable for a non paying tenant to owe £14,000 in arrears and have 14 months to find somewhere new, whilst receiving benefits to pay for their accommodation?  We are just trying to sell which my father actually owes. 

fatbelly

jillconey said:

The Section 21 was served in December 2021

So we're not asking the judge to give more time or not give more time, as one poster suggested.

We're asking for a legal ruling on whether the Breathing Space Moratorium and Mental Health Crisis Moratorium (England and Wales) Regulations 2020 applies in this situation.

It doesn't

jillconey

Quick update and small glimmer. Apparently breathing space not done under mental health grounds as I was told by court yesterday. 

EssexHebridean

jillconey said:

Quick update and small glimmer. Apparently breathing space not done under mental health grounds as I was told by court yesterday. 

Oh? Fingers crossed then...

fatbelly

jillconey said:

Quick update and small glimmer. Apparently breathing space not done under mental health grounds as I was told by court yesterday. 

60 days and they're out then. Not worth the appeal as it will probably take 60 days anyway

jillconey

We will definitely appeal as I think they have lived off my father enough. Also less time to trash the place

fatbelly

You have to put your objections in by Day 20 and the debt adviser can consider them as part of the midpoint review between days 25 and 35.

You can then ask the court to rule if you disagree with the review.

Honestly it's going to be 60 days whatever you do now.

theartfullodger

jillconey said:

theartfullodger said:

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

Seriously??!! Have you read this thread at all. We are trying to sell my fathers home to fund his care and you think it acceptable for a non paying tenant to owe £14,000 in arrears and have 14 months to find somewhere new, whilst receiving benefits to pay for their accommodation?  We are just trying to sell which my father actually owes. 

Thanks: I appreciate your position. Been through eviction process myself, and still have outstanding arrears still awaited.

I'm simply trying to point out the legal position: And understand that it seems unfair: But defendants having their rights, just as claimants having their rights, are IMHO rightly part of our legal system.

Best wishes, hope it gets sorted: