Understanding the Breathing Space Scheme
If you’re feeling overwhelmed by debt, you’re not alone, and you’re not without options. One of the most valuable forms of support available in England and Wales is the Breathing Space (Debt Respite) Scheme, a government-backed initiative that gives you time and protection while you work towards getting back on track.
The scheme is only available in England and Wales.
What Is the Breathing Space Scheme?
The Breathing Space Scheme provides people who are in problem debt with temporary legal protection from creditors. It pauses most collection activity, interest, and charges, giving you breathing room to get expert debt advice and make a sustainable plan.
There are two versions of the scheme:
- Standard Breathing Space – for anyone struggling with problem debt.
- Mental Health Crisis Breathing Space – for people receiving treatment for a serious mental health crisis.
How Does It Protect You?
Once approved, Breathing Space provides several key protections. For debts included in your application, it:
- Creditors cannot contact you about included debts during the Breathing Space period.
- Pauses enforcement action, including bailiff visits and court proceedings.
- Freezes interest and charges on eligible debts, helping stabilise your finances.
- Though enforcement and interest are paused, you should continue making debt repayments if you can.
If you rent your home: Breathing Space stops your landlord from using rent arrears included in your Breathing Space to evict you. In England, they can’t serve a notice or take possession on the rent-arrears grounds (grounds 8, 10 and 11). In Wales, the equivalent rent-arrears grounds for occupation contracts are covered. It does not stop eviction on other grounds, such as antisocial behaviour or a landlord selling or moving back in, and you should keep paying your ongoing rent. If you’re facing eviction for any other reason, get urgent housing advice from Shelter or Citizens Advice.
If you’re receiving mental health crisis treatment, these protections last for the full duration of your treatment, plus 30 days after it ends. The same protections apply as in a standard Breathing Space. A mental health crisis Breathing Space doesn’t give extra protection from eviction on grounds that aren’t about included rent arrears.
How Long Does It Last?
- Standard Breathing Space: Up to 60 days.
- Mental Health Crisis Breathing Space: For as long as treatment continues, plus 30 days after treatment ends.
How Do You Apply?
You cannot apply directly, a qualified debt adviser must assess your situation and, if appropriate, submits an application on your behalf.
If you’re receiving mental health crisis treatment, an Approved Mental Health Professional (AMHP) or another authorised person can work with a debt adviser to start your application.
Find free, independent debt advice via the MoneyHelper website, they list trusted, FCA-regulated organisations that can help online, by phone, or face to face.
Does It Cost Anything?
The Breathing Space application itself is completely free. Some debt advice providers may charge fees for longer-term debt solutions (like debt management plans), so always ask about costs upfront.
Are You Eligible?
To apply, you must:
- Live or usually reside in England or Wales.
- Owe qualifying debts, such as credit cards, personal loans, rent arrears, or utility bills.
- Not currently in a Breathing Space, or have used one in the last 12 months (unless it was for a mental health crisis).
- Not be in an Individual Voluntary Arrangement (IVA), Debt Relief Order (DRO), or undischarged bankruptcy.
Most personal debts qualify, but new debts taken on after your application aren’t protected.
Important Things to Know
- You should still pay ongoing bills such as rent, council tax, and utility costs if possible, these are known as ongoing liabilities.
- You must stay in contact with your debt adviser throughout. Your Breathing Space could be cancelled if you fail to engage.
- The scheme doesn’t write off debt, it simply pauses pressure, giving you time to seek advice and decide your next steps.
Breathing Space isn’t a solution by itself, but it’s an important first step toward financial recovery. It gives you the time, legal protection, and breathing room you need to reduce stress and access professional help.
If you’re struggling with debt or mental health pressures, free and confidential support is available from organisations such as StepChange, National Debtline, and Citizens Advice.
People Also Ask
The Breathing Space scheme (also called the Debt Respite Scheme) gives people in England and Wales a legal moratorium from most debt enforcement for up to 60 days, while they take debt advice and develop a repayment plan. During this time, most interest, charges, and creditor contact are paused. There’s also a Mental Health Crisis Breathing Space for people receiving certified crisis treatment, which lasts for the treatment period plus 30 days.
You need to go through a debt adviser (authorised by the Financial Conduct Authority or a local authority) who will assess your situation and, if appropriate, submit the application to the Breathing Space register. If you’re in a mental health crisis, someone else (e.g. a carer or mental health nurse) can apply on your behalf.
You can only apply for a standard Breathing Space once every 12 months. But if you qualify for a Mental Health Crisis Breathing Space, there is no 12-month limit as long as you continue to receive crisis treatment.
Most personal debts can be included, but there are exceptions. For example, new secured debt arrears (on mortgages or hire-purchase) that arise after you’ve started Breathing Space are not automatically protected. Debts from fraud are also excluded.
It pauses enforcement of the debts included in your Breathing Space, so bailiffs can’t be sent to collect them and creditors can’t start court action over them. For renters, it stops a landlord from serving a possession notice, or taking possession, based on included rent arrears. In England that means rent-arrears grounds 8, 10 and 11; in Wales, the equivalent rent-arrears grounds under the Renting Homes (Wales) Act 2016. A court can allow some enforcement in limited cases. This is the same for a standard and a mental health crisis Breathing Space (which lasts for your crisis treatment plus 30 days). Neither type stops eviction on other grounds, such as antisocial behaviour or a landlord selling the property. If you’re facing eviction for another reason, get urgent housing advice.
Yes, Breathing Space is not a payment holiday. You should continue paying what you can afford, especially ongoing liabilities like rent or utilities. Missing these may affect whether your Breathing Space continues or is cancelled.
Once it ends, creditors may resume enforcement action (e.g. court proceedings), and they can start applying interest, fees, or penalties again. However, they cannot retroactively charge interest or fees that accrued during the Breathing Space, unless a court allows it.
The Insolvency Service maintains the Breathing Space electronic register, which notifies creditors when someone enters or exits the scheme. Debt advisers also handle applications and communicate with creditors.
Applying for Breathing Space via a debt adviser is free, although some debt advice providers may charge a fee (so it’s worth checking).
If a creditor fails to apply the required protections (e.g. they try to enforce debt or add charges), those actions are invalid and may be voided. You (or your adviser) can complain to the creditor, or escalate via their complaint procedure or regulator.
Useful Resources:
Cost of Living Support Available:
- Household Support Fund (England)
- Cost of Living Payments
- Support for Mortgage Interest (SMI)
- Mortgage Guarantee Scheme
- Council Tax Reduction
Other Support Available: