Updating post from Reddit.
Hi,
My tenants have been ordered to leave my property by a certain date(eviction by the high court as I had to case transferred from county court, but now they’ve applied for breathing space and it’s been granted, so does that mean the eviction will now have to be cancelled?
Thanks
You need to inform the court that the breathing space has been granted, the eviction is paused but not cancelled. The court should be able to advise more, but you can start to enforce the eviction once the time limit is up.
They still owe in this period so their debt is increasing. The breathing space is for 60 days but FYI a Mental Health crisis team can extend it.
But doesn’t the fact that it went to the high court overrides the breathing space or can it not be overridden?
The breathing space overrides the eviction. Its effectively on pause until the breathing space order is complete. Inform the High court that their is a breathing space order they will advise further and give you a date that they can enforce it based on that order.
I believe it halts your eviction date but can be proceeded with immediately after the date that breathing space ends this is assuming you have been set the date etc to proceed with eviction. However if you need to issue a new possession order than you must go through the process from the start. It sounds to me like you can just shift the eviction date to shortly after the breathing space runs out. Would be good to hear from someone if that is the case? Either way the tenant has bought more time and nothing you can do I believe you can't even contact them else it will become harassment.
According to the Shelter website, breathing space can only be used to stop evictions if you used a Section 8 notice with rent arrears grounds for the eviction. Was that the case?
If so, and if you have confirmed that the breathing space application included a request to pause the eviction, then you woud have to notify the high court to pause the eviction until a date after the breathing space ends.
If not, the the breathing space application would not apply to the eviction. It would more thann likely have been granted for a breathing space on being chased for the repayment of whatever debt they owe.
Am I obligated to inform the court? Can the tenants not do that themselves? If I don’t inform the court am I open to lawsuits etc?
The gov.uk website on breathing space says you must, otherwise you can be liable for any losses they incur due to being evicted before the breathing space is over.
I suppose that can include cost of any temporary accommodation they stay in before they return to the property.
Exact quote below from gov.uk
"You must inform any other enforcement agent you have instructed – this includes high court enforcement officers. If you do not do this as soon as possible, you may be liable for any losses the debtor ... have as a result."
Yes but they cannot fine me more than what the tenants owe? Surely not
I'd recommend seeking legal advice about that.
If the costs are more than the tenant owes… yes they can. Obviously.
NRLA has a guide if you're a member. You have to inform the court, and it is up to them to grant enforcement of the eviction.