Breathing Space for Tenants

Breathing Space is a debt respite scheme that provides tenants struggling with debt with legal protections from their creditors, including their landlord.

Are you breaking the law by chasing your Tenant for their rent?

Ever heard of “Breathing Space”?

Breathing Space is a debt respite scheme that came into effect in England and Wales in May 2021. It provides individuals who are struggling with debt with legal protections from their creditors, including their landlord.

If your tenant is in rent arrears and enters a Breathing Space, this means that they are protected from legal action to recover their debts for a set period of time. During this period, your tenant is given time to work with a debt advisor to put together a debt repayment plan.

As a landlord, you should be aware that if your tenant enters a Breathing Space, you cannot take legal action to recover any rent arrears or serve them with a Section 8 notice seeking possession of the property. However, you can still serve a Section 21 notice to end the tenancy, although you will need to give your tenant two months' notice.

It's important to note that there are two types of Breathing Space: a Standard Breathing Space and a Mental Health Crisis Breathing Space.

A Standard Breathing Space lasts for 60 days and can be applied for by anyone with problem debt. A Mental Health Crisis Breathing Space lasts for the duration of a person's mental health crisis, plus 30 days.

If your tenant enters a Breathing Space, you should work with them and their debt advisor to ensure that their rent arrears are included in their debt repayment plan. You should also make sure that you continue to communicate with your tenant and keep them informed of any changes to their rent or the tenancy agreement.

In summary, if your tenant enters a Breathing Space, this means that they are protected from legal action to recover their debts, including rent arrears. As a landlord, you should be aware of the legal protections that Breathing Space provides and work with your tenant to ensure that their rent arrears are included in their debt repayment plan.

If you want help with managing your rental property, call 0161 511 5339 or contact us to speak to one of our lettings specialists.