'' Breathing Space '' - Spring Time 2021.

[Berlingogirl]

Thanks for getting this into perspective, jpkeates.

A creditor can't pursue the debtor for the debt up to the date they went for help. After the asking for help point has been reached the advisor will go through their finances with them to determine whether they can continue to pay the rent or debt. I don't know what happens if the debtor can't pay the rent going forward - that wasn't clear in the articles I've read.

The creditor can't discuss the debt with the debtor, can't charge interest, can't issue paperwork - can't do anything really, but can discuss it with the advisor.

[jpkeates]

Having had some tough financial times in my own life, I can vouch for the stress that can become all consuming.
I had thousands of pounds of debt, lots of it on credit cards and, even though I was working, it just got worse and worse.

Stopped being able to sleep, almost ended my relationship, became less and less effective at work, so added worries about losing my job..

It took a payment holiday from a credit card and my mortgage lender to get me back on track.
Those two payments stopping for about six months (even though the interest continued) got my income above my outgoings and saved me.

I almost broke down when Northern Rock agreed to the payment holiday.

It only took two unexpected problems at once to destroy my (previously pretty decent) finances.
I have a lot of sympathy for people in genuine need (and absolutely none for people who try and game people).

[jpkeates]

Here's a more detailed look at the moratorium and how it would work in practice
https://www.jmw.co.uk/services-for-b...oratorium-debt

[rag-uk]

As a new LL, the odds do seem to be stacked against us! We have only been renting out my Mums house for 6 months now. The monthly income from this pays a small portion of the care home fees she has to pay. If the tenant doesn't pay then it's unfair that Mum is the one to suffer, surely?

We have already had issues with the tenant not being able to afford the rent (which is not high in relation to similar properties) and now we see this new Breathing Space regulation. Seriously considering now selling the house! Does anybody consider LL's when making these regs? Is there no way of complaining?

[Hudson01]

If the care for your mum is totally dependent upon the rental income from her old house then i would be very worried, forget the link between a tenants obligation to pay rent and your mums right to be comfortable in a care home of her choice...... they have nothing to do with each other. If the tenant has been either late paying or short of payment then i do not see this going well in the future, but it maybe too late to sell now, if you give them notice they know they are out anyway, so could simply stop paying you and it will be a year at least before they are out of the place, can you afford to pay the care home fees without the rent from the house ? No one considers LL's, to most we are the scum of the earth, government policy will always get more votes for being pro tenant than pro landlord..... always.

[blinko]

I think one thing that is clear is that its not so clear how this will affect landlords in Practise

[Hudson01]

I think one thing that is clear is that its not so clear how this will affect landlords in Practise

This is my concern, i see that there are checks and balances in the articles i have read but these things often slide.

[jpkeates]

This is my concern, i see that there are checks and balances in the articles i have read but these things often slide.

I think we're over-focussing on its possible effects on landlords (for fairly obvious reasons!) but these regulations apply to almost all debt.
So I think we're likely to get a heads up of how they're going to work in practice from other people first.
Mortgage lenders, banks, utility companies are probably going to be affected if things don't work as they should and people are handed out free passes.

[blinko]

For example shelter will be pimping the go and get sectioned, tenant how do indonthat ? Claim your suicidal . Please thanks says tenant .

I still remmeber when I heard a shelter representative bashing landlords saying . Landlords are evicting good tenants and this must stop . It was multiple palm in my face moment..

Just how they are allowed tk get away with spewing the BS they do js unreal.

Can you imagine if you questioned them . Ok shelter so let me clarify landlords evict the good tenants so what happens to he bad ones ? ?

Also on this topic it could even be a mortgage question. Eg have any of your tenants used breathing space ?

[jpkeates]

No one is going to advise someone to pretend to be suicidal to get sectioned.
Let's not get carried away.

Shelter believes landlords evict good tenants because a) tenants tell them so and b) landlords evict good tenants for all sorts of reasons.

[OS7]

Will eviction by section 21 notices and court order be asked to pause as well with breathing space???I have already received a possession order by court via section 21, however tenants haven’t left yet. I can only evict after 21/02, or even later when Covid restrictions are lifted. I am worried my tenants will use breathing space and I will never be able to get possession of my property.

[Hudson01]

The Breathing space legislation is not dependent upon what section you used to achieve eviction, it covers everything, but as said in other posts they cannot just hold up the '' I want breathing space'' placard and that is that, all stop, there are some rules, it depends on how savvy they are and how much work they would be willing to put into it if they did want to ......... not be totally honest.

[OS7]

The Breathing space legislation is not dependent upon what section you used to achieve eviction, it covers everything, but as said in other posts they cannot just hold up the '' I want breathing space'' placard and that is that, all stop, there are some rules, it depends on how savvy they are and how much work they would be willing to put into it if they did want to ......... not be totally honest.

I think eviction pursued by rent arrears (debt) comes under breathing space legislation. However if there is no debt or the debt is not breathing space debt, Court proceeding can take place. This is what I read on gov.uk . Breathing space legislation involves a debt. Section 21 is a no fault eviction route, which doesn’t take into account rent arrears - therefore I think eviction proceeding via section 21 will be allowed to happen during breathing space episode.

https://www.gov.uk/government/public...reathing-space

[Jon66]

Having been a debt advisor, one of my many hats, I can assure those concerned that the most important priority of all for them is being able to maintain rent payments. If the T cannot do that, advisors are very good at tapping into resources enough to be able to ensure that Ts are able to meet their ongoing rent liabilities. If they can't maintain the tenancy, the solution is to move to an affordable property. Assuming ongoing mh issues after the crisis is on the way to dissipating, most of these may well be a priority need with the full housing duty owed them. Which is why social housing is there.
I used to get massive amounts of money from charity applications on behalf of tenants. There are some very good charities particularly for nurses, those in the retail, and horticulture sections and ssafa (armed forces). So if you have a tenant in crisis the new legislation may well be helpful. At least it's better than finding your tenant hanged in the stairwell which is nevertheless what can and does happen.