What is the Breathing Space scheme?

Breathing Space (officially the Debt Respite Scheme) gives people in problem debt legal protection from creditor action for up to 60 days. During this period, creditors must freeze interest and charges, stop contacting you for payment, and pause any enforcement action (including bailiffs and court proceedings). There is also a Mental Health Crisis Breathing Space, which lasts for the duration of the crisis treatment plus 30 days.

How do I apply for Breathing Space?

You cannot apply directly. You must contact a debt advice provider — such as StepChange, National Debtline, Citizens Advice, or a local debt charity — who will assess your situation and submit the application on your behalf. The process is free. The debt adviser registers your Breathing Space on the Insolvency Service's electronic register, and your creditors are notified automatically.

Does Breathing Space stop bailiffs?

Yes — during Standard Breathing Space, bailiffs cannot visit your home, take control of your goods, or enforce a debt. If bailiff action is already underway, it is paused. However, if a bailiff has already taken control of your goods (entered into a Controlled Goods Agreement), this is not reversed — the enforcement is simply paused for the 60-day period.

Can I get Breathing Space if I have a mortgage?

Mortgage arrears are not included in Standard Breathing Space — only eligible debts are covered. However, council tax arrears, credit card debt, personal loans, overdrafts, utility arrears, and many other debts are included. If you are struggling with your mortgage, contact your lender directly — they have a duty to treat you fairly and may offer a payment holiday or restructured payments.

Debt Breathing Space Scheme — 60 Days of Protection from Creditors | PocketWise

If you’re struggling with debt, the Breathing Space scheme gives you legal protection from your creditors for 60 days — freezing interest, charges, and enforcement action while you get advice.

How Breathing Space Works

Feature	Standard Breathing Space	Mental Health Crisis Breathing Space
Duration	60 days	Duration of crisis treatment + 30 days
Protection from creditor contact	Yes	Yes
Interest and charges frozen	Yes	Yes
Enforcement action paused	Yes	Yes
Can be used how often?	Once every 12 months	As needed (when in crisis treatment)
How to apply	Through a debt advice provider	Through an Approved Mental Health Professional (AMHP)
Cost	Free	Free

What Protection Do You Get?

During Breathing Space, creditors must:

Protection	Detail
Freeze interest	No new interest added to your debts
Freeze charges	No new late payment fees or default charges
Stop contacting you for payment	No calls, letters, or texts demanding payment
Pause court action	No new court proceedings for your debts
Pause bailiff action	Bailiffs cannot visit or enforce
Pause bankruptcy petitions	Creditors cannot make you bankrupt during this period
Not add negative credit markers	For the missed payments during Breathing Space

Which Debts Are Included?

Included	Not included
Credit cards	Mortgage arrears
Personal loans	Secured loans
Overdrafts	Student loans
Council tax arrears	Business debts (if sole trader)
Utility bill arrears (gas, electric, water)	Child maintenance arrears
Rent arrears	Court fines (criminal)
Catalogue/store card debt	Fraud debts
Buy Now Pay Later debts	Debts arising from personal injury claims
Benefit overpayments	Social fund loans
HMRC debts (tax, self-assessment)
Hire purchase debts
Guarantor loan debts
Payday loans

Who Can Apply?

Requirement	Detail
Must live in England or Wales	Not available in Scotland (Scotland has its own Debt Arrangement Scheme) or Northern Ireland
Must be in problem debt	Unable to pay debts as they fall due
Must not already be in a formal insolvency process	Bankruptcy, IVA, DRO — you can’t have both
Must not have had Standard Breathing Space in the last 12 months	One per year
No minimum debt amount	Any amount of qualifying debt

How to Get Breathing Space

Step	Action
1	Contact a free debt advice provider (see list below)
2	The adviser assesses your financial situation
3	If appropriate, they apply for Breathing Space on your behalf
4	Application submitted to the Insolvency Service register
5	Creditors notified electronically — protection starts immediately
6	You have 60 days of protection
7	During the 60 days, work with your adviser on a long-term debt solution

Free Debt Advice Providers

Provider	How to contact
StepChange Debt Charity	stepchange.org / 0800 138 1111
National Debtline	nationaldebtline.org / 0808 808 4000
Citizens Advice	citizensadvice.org.uk
PayPlan	payplan.com / 0800 280 2816
Money Adviser Network	moneyadvisernetwork.org.uk

Your Obligations During Breathing Space

Obligation	Detail
Continue paying bills as they fall due	Current bills (not arrears) must still be paid
Engage with your debt adviser	Attend appointments, respond to communications
Notify your adviser of any changes	Change in income, address, or circumstances
Don’t take on significant new debt	Getting new credit during Breathing Space can end it early
Pay ongoing liabilities (council tax, rent, utilities)	Only the arrears are frozen — current bills are still due

If you don’t meet your obligations, your debt adviser can cancel the Breathing Space early.

What Happens After 60 Days?

Scenario	What happens
You’ve found a debt solution	Move into DMP, IVA, DRO, or other solution
You can now afford to pay	Resume payments to creditors
You’re still struggling	Your adviser will help you find the right long-term solution
Creditors resume normal activity	Interest, charges, and enforcement can restart

Long-Term Debt Solutions

Solution	Best for	Key feature
Debt Management Plan (DMP)	Manageable debt, want to repay in full	Reduced monthly payments, informal
Individual Voluntary Arrangement (IVA)	£10,000+ debt, regular income	Legally binding, debts written off after 5–6 years
Debt Relief Order (DRO)	Under £30,000 debt, no assets, low income	Debts written off after 12 months
Bankruptcy	Large debts, unable to repay	Debts written off, but assets may be sold
Full and final settlements	Lump sum available	Negotiate to pay less than owed
Administration order	Under £5,000, court order	Single affordable monthly payment

Mental Health Crisis Breathing Space

Feature	Detail
Who qualifies	Receiving mental health crisis treatment (e.g. detained under Mental Health Act, crisis home treatment, in A&E for mental health)
Duration	Lasts for the duration of crisis treatment + 30 days
How to apply	An Approved Mental Health Professional (AMHP), care coordinator, or your mental health team can apply
Additional protections	Creditors cannot contact you for payment during crisis treatment
After it ends	30-day buffer period, then your debt adviser helps with long-term planning

Impact on Credit File

During Breathing Space	After Breathing Space
Creditors should not add new negative markers for missed payments	Normal credit reporting resumes
Existing negative markers remain	The Breathing Space itself is noted on the Insolvency Register (public record)
Applications for new credit may reference the Breathing Space	Entry removed from register when Breathing Space ends