'' Breathing Space '' - Spring Time 2021.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    '' Breathing Space '' - Spring Time 2021.

    https://www.nrla.org.uk/news-breathi...reak-from-debt

    Not too sure if this has been posted before but i have not see it........ should be interesting.

    This little bit worried me ............'' the Breathing Space ends 30 days after the tenant’s treatment ends.''

    Some mental health treatment can last months....... and i really do mean months.
    Last edited by Hudson01; 16-01-2021, 10:19 AM. Reason: additions

    #2
    More nails for the coffin, will cause damage to the private market, more concerned with rent arrears aspect....... further delays in trying to get any money back. LL will need deep pockets or leave the market and invest in countries which are more favourable.

    Comment


      #3
      I concur, this has the potential to throw a very big spanner in any future evictions, all a savvy tenant has to do is see their GP for '' mental health '' treatment and await an appointment..... which given the crisis in all aspects of mental health treatment will not be quick, and everything then grinds to a halt. What a minefield this business has become, picking the right tenant has never been more important.

      Comment


        #4
        This is concerning. I know people who have been on treatment for mental health for years! A friend of mine had to wait several months to get NHS counselling and has been on medication for a while. They have been out of work for a few years now. Another friend got ill after being bullied out of a job, I was in a houseshare with her at the time, this was back in 2005. They got a housing association flat and were on incapacity benefits for a long time. They didn't work again after that until becoming a carer for a parent a few years ago. The first friend I mentioned who got ill more recently has struggled to get any benefits, they are having to go to a tribunal.
        A tenant who becomes ill and can't then work could be in a position where they can't pay rent and get in debt quite quickly if they have little savings. Losing a job in itself can lead to poor mental health. As has been mentioned above its likely in these causes it could be several months or longer before the landlord could even start eviction proceedings. Both friends I mention had good jobs before they got ill. You could pick someone who is at first a good tenant whose life changes.

        Comment


          #5
          Precludes section 8? S21 it is!

          Comment


            #6
            Until s21 gets abolished

            Comment


              #7
              Meantime tens of 1000s of leaseholders being sent huge demands of up to £50,000 for cladding remedial work. You couldn't make it up..

              Comment


                #8
                It's a dangerous world out there !!!! There are pitfalls all over the place, if you are not on your A game then it will cost you.

                Comment


                  #9
                  Guys I don't think you realise the serious nature of this situation.

                  The mental health crisis breathing space has some stronger protections than the standard breathing space. It lasts as long as the client's mental health crisis treatment, plus 30 additional days thereafter, no matter how long the crisis treatment lasts.
                  You can get anti depressants easily from local GP , then they effectively can stay in your property as long as they like with no way to evict

                  Comment


                    #10
                    That's typical of people making up the rules without knowledge of the real world, so, you have a tenant with so called, "mental health" issues, they can't, or won't, pay the rent and you can't evict them, this in turn leads to you, the LL, getting into debt, thus piling pressure on you, and maybe your family, depending how your BTL funds certain things within your household etc.
                    This carries on for several months, if not years, leading to a possible breakdown of any relationship/marriage you have, enough pressure to lead anyone to have "mental health" issues, real stroke of genius these rules, aren't they?

                    Comment


                      #11
                      An aspect I can see is, no matter how good your reference process is, you wont be able to access their medical records, and this is where any LL (seasonal or novice) will fall foul. It's certainly not a level playing field were on, and hasn't been for a very long time.

                      Comment


                        #12
                        Let's try and stick to the facts, though.

                        Breathing Spaces are triggered by debt advice providers (who can be local authorities) who are approved by the Financial Conduct Authority.
                        So it's not as if anyone can just declare they want a breathing space.

                        It has to be someone in a formal process of sorting out their debts - and it would have to be appropriate - the whole idea is to stop people getting further into debt.
                        So if you have a tenant who is in a financial mess, but trying to do something about it (they're seeking help), they can have one breathing space per annum lasting a maximum of 60 days.
                        That's not the end of the world.

                        I can imagine that some debt advisors might bend the process in some cases, but one feature of rent debt is that its a high recurring cost, which is exactly what the debt advisor is trying to remove, not add to.

                        A mental health breathing space has to be authorised by an approved mental health professional.
                        So to qualify, a tenant would have to be seeking advice from an approved debt counsellor, and a mental health professional has to confirm their condition is sufficiently serious to warrant it.
                        Mental Health Professionals normally are involved in detaining people who are mentally unwell, they're not going to be signing people off who aren't extremely ill.
                        The medical criteria is "in crisis", which is a high bar.

                        Someone who is sufficiently mentally unwell as to be in crisis isn't capable of being in court and any court would delay a debt or possession hearing anyway on receipt of evidence from a qualified mental health professional.

                        And the crisis has to be reconfirmed on monthly basis.

                        No one's going to get a mental health breathing space by getting anti-depressants from their GP (one reason mental health professionals exist is that GPs aren't specialist enough to do the job).
                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment


                          #13
                          I can see what jpkeats is saying, and when you read into it, it does state who can determine if the tenant will be protected by that particular clause in the legislation but as with all these things they start off stern but often slide and more people than ever imagined come under the umbrella.

                          If a tenant manages to get onto the '' list '' it genuinely could be years before they can be evicted. There are so many individuals out there who would be described as having '' mental health issues '', play it right and you could easily end up on the list for referral, lets take sick notes as an example, we all know how easy it is so get those..........for months/years !!! I see trouble ahead on this one.

                          Comment


                            #14
                            Originally posted by Hudson01 View Post
                            There are so many individuals out there who would be described as having '' mental health issues '', play it right and you could easily end up on the list for referral
                            it is while people are having emergency treatment for serious problems, not just any "mental health issues".
                            There are also procedures to get it cancelled if it is unfair or if the debtor could afford to pay.

                            Comment


                              #15
                              It isn't someone having "mental health issues", they have to:
                              Be in an approved debt management program AND
                              Referred to a qualified mental health professional AND
                              Currently be "in crisis".

                              For most people with a mental health issue being "in crisis" would mean that they would be in care (and therefore not available for a court appearance anyway).

                              I don't think we should under-estimate the seriousness of someone being "in crisis".
                              That's an "emergency" and a direct threat to someone's physical or mental wellbeing - typically the person in crisis would be in a hospital or detained in a "place of safety".

                              The outcome of this new process seems to me that:
                              If a tenant is in debt and is prepared to try and get yourself out of it using a debt advisor, a landlord may have to pause any possession claim or money claim for 60 days.
                              Generally speaking, 60 days delay while someone tries to get their finances sorted out doesn't sound the end of the world,
                              It's people who either can pay and won't or who regard money they owe as a non-issue that bother me.
                              Someone taking active steps to sort their finances out? Not so concerned and I might even try and help.

                              And I'm not sure that I'd be comfortable with taking legal action to evict someone who is genuinely having some kind of mental crisis anyway.

                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X