Debt solutions · 6 min read
Can Breathing Space stop bailiffs? How the 60-day protection works
Yes, Breathing Space can stop most bailiff action for 60 days. How it works with bailiffs, which debts are covered, what happens to fees, and how to get it quickly through a debt adviser.
- Fact-checked
- Against official sources
- Last updated
- Next review due
- April 2027
- Applies to
- England and Wales
- Sources
- 3 listed on this page
Independent guidance, not a government service. This page is general information about the law in England and Wales, not financial or legal advice. Debt solutions have fees, risks and consequences. For free, impartial advice, contact MoneyHelper or a debt charity.
The short answer
Yes, for most debts. Once a Breathing Space starts, creditors must stop enforcement action – including bailiffs – for the debts included, for 60 days. Most interest, fees and charges are frozen too. It’s free, but a debt adviser must apply for you. It doesn’t cover magistrates’ court fines.
When bailiffs are already involved, you often need something that works quickly. Breathing Space (the Debt Respite Scheme) is designed for exactly that. Introduced in May 2021, it’s now used by tens of thousands of people a year: there were 89,130 registrations in 2025, the most since the scheme started (Insolvency Service).
How Breathing Space stops bailiffs
When a debt adviser registers your Breathing Space, the Insolvency Service notifies your creditors. From then on, for the debts included, creditors must not:
- take enforcement action, including instructing or continuing with bailiffs
- contact you to ask for payment
- add interest, fees, penalties or charges
- start or continue most court action without the court’s permission
If the debt has already been passed to bailiffs, the creditor must tell them to stop. In practice, that means no bailiff visits and no further enforcement fees for those debts during the Breathing Space.
Which bailiff debts are covered?
| Debt | Covered by Breathing Space? |
|---|---|
| Council tax arrears | Yes |
| Council parking penalty (PCN) | Yes |
| County court judgment | Yes |
| HMRC tax debts | Yes, in most cases |
| Rent, energy and water arrears | Yes |
| Magistrates’ court fines | No |
| Child maintenance | No |
| Debts from fraud | No |
If bailiffs are chasing you for a magistrates’ court fine, Breathing Space won’t stop them. Contact the court fines office about affordable payments. Read about priority debts.
How quickly can I get Breathing Space?
It can be fast. Once you’ve spoken to a debt adviser and they’ve confirmed that you’re eligible and that Breathing Space is appropriate, they register it online. Protection starts from the day after it’s registered.
That makes it one of the quickest ways to stop a pending bailiff visit. If you’ve just had a Notice of Enforcement, getting advice now could also secure a 28-day extension to the notice period while you decide.
Who can get it?
You can usually get a standard Breathing Space if you:
- live in England or Wales
- have a debt problem
- aren’t already in a DRO, IVA or bankruptcy
- haven’t had a standard Breathing Space in the last 12 months
A mental health crisis Breathing Space is available if you’re receiving mental health crisis treatment. It lasts as long as your treatment plus 30 days, and there’s no limit on how often you can have one. Read bailiffs and vulnerable people.
What you must do during Breathing Space
- Keep paying current bills – this month’s council tax, rent, mortgage and energy. If you don’t, Breathing Space can be cancelled.
- Work with your adviser on a long-term solution.
- Don’t take on credit of £500 or more without telling the lender you’re in Breathing Space.
What happens after 60 days?
Breathing Space is a pause, not a solution. When it ends, creditors can restart action, so use the time to put something lasting in place. Depending on your situation, that could be:
- an affordable payment plan with each creditor
- a Debt Relief Order, if you have low income and few assets – read will a DRO stop bailiffs?
- an IVA, if you have regular income and several debts – read can an IVA stop bailiffs?
- a debt management plan or bankruptcy
See our full Breathing Space guide and debt solutions compared.
Breathing Space compared with other ways to pause bailiffs
| Breathing Space | 28-day notice extension | Creditor recall | Payment arrangement | |
|---|---|---|---|---|
| Legally binding on the creditor | Yes | Yes | No (creditor’s choice) | No (but usually honoured) |
| How long it lasts | 60 days (longer for mental health crisis) | Up to 28 clear days from the notice | Until the creditor decides otherwise | As long as you keep paying |
| Freezes interest and charges | Yes, for most debts | No | Depends on the creditor | No |
| Covers several debts at once | Yes | No, one notice only | No | No |
| Who arranges it | A debt adviser | A debt advice provider | You or an adviser | You or an adviser |
| Cost | Free | Free | Free | Free |
For many people, the best approach combines these – for example, a debt adviser requests the 28-day extension straight away, then registers Breathing Space while a long-term solution is put in place.
A typical timeline
- Day 0: you receive a Notice of Enforcement for council tax arrears.
- Within days: you speak to a debt adviser, who checks your eligibility and registers Breathing Space.
- The next day: protection starts. The Insolvency Service notifies your council, which tells its bailiffs to stop.
- Days 25–35: the adviser carries out a midway review with you.
- Before day 60: you agree a long-term plan, such as an affordable arrangement, a DRO or an IVA.
Frequently asked questions
Can bailiffs visit during Breathing Space?
Not for debts included in your Breathing Space. If they contact you, give them your Breathing Space details and tell the creditor.
Does Breathing Space stop bailiff fees?
Yes. Creditors can’t add fees or charges to debts in Breathing Space, and bailiffs can’t continue enforcement, so no new enforcement fees should be added during it. Fees already added before it started remain part of the debt.
Can I apply for Breathing Space online myself?
No. Only a debt adviser can apply. You can get free help from MoneyHelper and debt charities or use our service.
Will Breathing Space stop council tax bailiffs?
Yes. Council tax arrears are included, so the council and its bailiffs must stop. You still need to pay your current council tax. Read council tax arrears and bailiffs.
Sources
How we wrote this article
- Research: written from primary sources such as legislation.gov.uk, GOV.UK and the Insolvency Service, then fact-checked by a second member of our team. The sources are listed above.
- Checked: last checked on . Next review due April 2027, or sooner if the rules change.
- Scope: applies to England and Wales. If you live in Scotland or Northern Ireland, read our Scotland and Northern Ireland guide. It is general information, not personal advice.
- Independence: we are not a government website or service, and we are not connected to any council, court or enforcement company.
- Money: we may receive a fee if we introduce you to a debt advice firm. This doesn't change what we write. How we're paid.
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