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Regulation & Law

Evictions paperwork must now include ‘breathing space’ scheme details

MHCLG says Section 8 notices must from Tuesday onwards include details of scheme for tenants or risk eviction being rejected by courts.

Nigel Lewis

parliament evictions

Changes have been made to evictions legislation today that mean letting agents will now have to ensure their paperwork is up to date or risk having evictions rejected by courts.

From Tuesday (May 4th) onwards Section 8 eviction notices must include details of the government’s ‘breathing space’ debt scheme within the paperwork to be compliant.

Announced last year, the Debt Respite Scheme (Breathing Space) gives tenants in problem debt the right to legal protections from their creditors for up to 60 days.

These regulations come into force on Tuesday, which is why the ministry of housing has inserted an amendment into the relevant legislation.

“Anyone who serves a notice using the incorrect template runs the risk of having their case thrown out on a technicality,” says Tim Frome of Landlord Action.

“With six-month notice periods in place at the moment this could be a very expensive mistake.

“This further highlights why landlords should use a Solicitors Regulation Authority regulated and authorised law firm such as Landlord Action to serve possession notices.”

Mike Morgan, Legal Division Manager at HF Assist, adds: “We have taken a number of calls on our HF Assist phone lines about the requirements set out in the Debt Respite Scheme regulations.

“The basic position is that if a tenant has a qualifying debt, such as rent arrears, they can see an FCA or local authority authorised debt advisor and apply for a debt moratorium.

“This gives them an eight-week breathing space from being chased for the amount owed while they work with the debt adviser to restructure their finances to pay their debts. The tenant should still pay their rent during this period.”

Read more about the Breathing Space regulations.

Read more about evictions.

April 30, 2021

4 comments

  1. This Government is so incompetent . I’m speechless …………………. !!!!.

    They will still end up being evicted . unless of course the local council step in as guarantor ……………now there’s an idea .

    This would be far cheaper for the local authority than having a legal obligation to house a tenant who has been made involuntary homeless .

    Its not like anyone will offer them a new tenancy other than the council.

  2. This Govt is getting it so wrong. A temporary help on the existing tenants problem. But for the next hundreds of thousands of tenants, unless u the most perfect credit worthy guarantor tenant ever, u ain’t getting a house. Us Landlords are so cautious now, whereas before, we’d have took a chance. This is making me mind up on selling if when one comes up. Just had tenant pass away, was gonna do up and leave with Letting Agent, but now after this on top of everything else…….. Another one out the Benefit market

  3. Rumour has it that when the Renters reform Act comes in, Landlords will have to include their Bank a/c PIN number with every Tenancy !

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