A few years ago, the government introduced the Breathing Space regulation, designed to help tenants in arrears negotiate their financial difficulties without pressure from landlords or agents. This period prohibits any contact from the landlord or agent for two months, during which tenants are expected to work with councils and debt help services to find a resolution. I have to say, I was initially sceptical about something that delayed what may be inevitable, but given the assertions that it could only be used by those actively engaging with debt advice in an attempt to resolve their debt problems, I thought it could certainly be another tool against spiralling debts, and in our industry, possession claims.

Recently, I encountered my first case under this regulation when a tenant who had accrued over £5,000 in arrears entered Breathing Space. Given the lack of engagement from the tenant in question and the requirement to address the problem, I was intrigued by the process, and waited the stipulated two months before re-establishing contact, hopeful to be able to work towards a resolution that would keep this tenant within their property. Upon reconnecting, I discovered the tenant had made no progress; they had merely been given a contact number which they hadn’t used. This period of "Breathing Space" seemed to achieve little but allow the tenant to accrue further debt in silence.

This experience has led me to reflect critically on the efficacy of such well-meaning regulations. In theory, Breathing Space should facilitate a resolution, yet in practice, it seems to merely postpone the inevitable, exacerbating the financial strain on both tenants and landlords. The tenant now faces potential eviction, and the landlord and agent endure further financial losses. Meanwhile, the council will likely need to intervene, potentially at a higher cost through emergency accommodations.

This situation underscores a recurring theme in housing policy: interventions that are not accompanied by effective support mechanisms may fail to address the underlying issues, ultimately harming all parties involved. As with the tenant fee ban, the intent to aid those in need is clear, but the execution leaves much to be desired, resulting in outcomes that help no one. So at this point everyone in the circle has lost out. Another fine way the government have tried to help, but like with the tenant fee ban, just made it worse for all concerned through not thinking out the full picture. Great work all round.

In the property industry, we must strive to find more effective solutions that do not merely delay but rather address and resolve the financial challenges tenants face. Only then can we truly provide the support that these policies aim to deliver.

 

Photo by William Warby on Unsplash

For more on Breathing Space, see GOV.UK