Rent arrears can be a stressful situation for both tenants and landlords When a tenant falls behind on their rent payments, it can create financial strain and tension in the landlord-tenant relationship However, a new government initiative called Breathing Space aims to provide individuals with the time and support they need to deal with their debts, including rent arrears.
Breathing Space is a scheme that gives eligible individuals a 60-day period where they are protected from legal action by their creditors During this time, individuals can seek professional advice and support to help them manage their debts and come up with a plan to repay what they owe This includes rent arrears, which can be a significant source of financial stress for many tenants.
If you are a landlord dealing with a tenant who has rent arrears and is seeking Breathing Space protection, there are a few key things you need to know.
First and foremost, it’s essential to understand that during the 60-day Breathing Space period, you will not be able to take any legal action to recover the rent arrears This means you cannot issue a possession order or take any other steps to evict the tenant during this time While this may be frustrating, it’s important to remember that the purpose of Breathing Space is to give individuals the chance to get their finances back on track without the added pressure of legal action.
It’s also worth noting that tenants can only enter Breathing Space once every 12 months This means that if a tenant has already used the scheme in the past year and falls into rent arrears again, you may be able to take legal action against them immediately breathing space rent arrears. However, it’s crucial to seek legal advice before doing so to ensure that you are following the correct procedures and not putting yourself at risk of breaching the regulations.
During the Breathing Space period, you may be contacted by a debt advisor who is working with the tenant to help them manage their debts It’s essential to cooperate with any requests for information or documentation that they may have, as this can help to ensure that the tenant is receiving the support they need to repay their rent arrears.
If the tenant fails to come up with a repayment plan during the Breathing Space period, you may be able to take legal action once the 60 days are up This could include issuing a possession order to evict the tenant if they are still unable to pay their rent arrears However, it’s important to seek legal advice before taking this step to ensure that you are following the correct procedures and not putting yourself at risk of breaching the regulations.
If you are struggling to deal with a tenant who has rent arrears and is protected by Breathing Space, it’s crucial to seek support and advice as soon as possible This may include contacting a solicitor who specializes in landlord-tenant disputes or reaching out to a debt advisor for guidance on how to proceed.
Overall, dealing with rent arrears can be a challenging and stressful situation for landlords, especially when tenants are protected by schemes like Breathing Space However, by understanding your rights and responsibilities and seeking the appropriate support and advice, you can navigate this difficult situation and work towards a resolution that is fair for all parties involved.