Hello,
My tenant has not paid any rent since July 2024 / rent arrears £8k, and there have been numerous issues with drugs, police, assault, damage to flat. S21 failed, we used S8 to apply for repossession but at hearing T said she wanted to defend it, so adjourned for 3 months. No defence submitted, and she did not appear at latest hearing, so possession granted, and eviction date passed last week… but before warrant raised on Monday, T notified me she successfully applied for a ‘financial breathing space moratorium’ on Saturday, which freezes all action for 60 days.
However, apart from an email from her, I have not received any official notification direct from the Insolvency Service to inform me that I am a named creditor on the breathing space / that the rent forms part of the ‘approved’ protected debt.
I can’t appeal it or ask for it to be reviewed or point out that another due date has been missed, as I have no official status as a creditor… Can I therefore still proceed with application for a warrant for bailiffs? Given the waiting list of around 2 months for a warrant, I don’t want to miss a single day, even if it has to go on hold if / when I do receive an official notification in due course.
I am on the edge of coping, I must admit, and am just desperate to have the T out of my life. Any help / advice would be very gratefully received.
Thank you.
Breathing spaces are still relatively new and I am not sure of the process, but I don’t think you’d just be expected to take her word for it, so if it were me, I would carry on until I had some formal notification.
Hi David122
Thanks for your reply. I fiiiinally managed to get hold of my solicitor (
), but even they were unsure of the situation. So we applied for the warrant anyway yesterday, but … I got the official BS notification letter today. It looks like you are bound by the financial BS restrictions 4 working days after the date on the letter. So unfortunately, I think our warrant application was made one day too late (thanks, solicitor) and will be rejected - but I’ll update this feed with any developments so that others know what happens.
I was naively hoping to just get the warrant application in the system and happily discover that the BS and lengthy bailiff waiting list time could run concurrently… #fool
Meanwhile, even though was possession granted last week, tenant now asking for window repairs as concerned about damp damage to “brand new very expensive sofa”… 
Personally I’d tell the tenant to pound sand with any major repairs that aren’t necessary or legally required (as long as it doesn’t risk further damage to your property).
How can she claim breathing space and then go and buy a brand new expensive sofa? She’s definitely playing the system.
Is that not enough evidence to refute her breathing space claim ?
Hi gazfocus and A_A,
I have indeed sent an email to the contact on the notification letter and raised a query re purchase of a sofa whilst in an alleged financial crisis! But I think I have to go through a ‘review request’ procedure if I want to officially challenge it, which can take several weeks. I have asked how to do this but there are quite limited grounds to make a case. One is that the T actually has means to pay… but if, for example, the sofa was bought on interest free credit, whilst that demonstrates v poor financial management when so much debt owed elsewhere, it unfortunately doesn’t prove ability to pay. Rent due date coming up though - and not paying that IS a reason to upset the breathing space… (as people in BS protection still have to meet ongoing payments that come due).
So, I’ll keep this post updated with developments so that at least some useful information for others might come out of this grim situation!
Update: Nope - apparently buying an expensive sofa, harassment charges and all the other ASB events going down are “not considered grounds for cancelling financial BS”. Sigh.
T must pay their rent though - which would be a first in 8 months - so we’ll see what happens at end of the month…