Guide · 7 min read
Breathing Space: how the 60-day debt protection scheme works
How Breathing Space (the Debt Respite Scheme) works in England and Wales, who can get it, which debts it covers, how it stops bailiffs and how to apply through a debt adviser.
- Fact-checked
- Against official sources
- Last updated
- Next review due
- April 2027
- Applies to
- England and Wales
- Sources
- 4 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.
Key points
- Breathing Space is a free government scheme in England and Wales that gives you 60 days of legal protection from most creditors while you get debt advice.
- During that time, creditors can’t take enforcement action (including using bailiffs), can’t contact you to ask for payment, and can’t add most interest, fees or charges.
- You can’t apply yourself. A debt adviser applies for you, and must agree it’s appropriate.
- A mental health crisis Breathing Space lasts for as long as you’re receiving crisis treatment, plus 30 days.
- Some debts, including magistrates’ court fines, aren’t covered.
What is Breathing Space?
Breathing Space is the common name for the Debt Respite Scheme, which started in England and Wales on 4 May 2021 under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020. It’s run by the Insolvency Service.
It’s designed to give you time to get proper advice and find a long-term solution, without the pressure of creditors, rising interest or bailiffs.
It’s being used more than ever. There were 89,130 Breathing Space registrations in 2025 – 87,813 standard and 1,317 mental health crisis registrations – the highest annual total since the scheme began (Insolvency Service).
The two types of Breathing Space
| Standard Breathing Space | Mental health crisis Breathing Space | |
|---|---|---|
| How long it lasts | 60 days | As long as your crisis treatment lasts, plus 30 days |
| How often | Once every 12 months | No limit |
| Who applies | A debt adviser | A debt adviser, with evidence from an Approved Mental Health Professional |
| Cost | Free | Free |
Who can get Breathing Space?
For a standard Breathing Space, you must:
- be an individual (not a limited company)
- live or usually live in England or Wales
- have a debt problem, and owe at least one debt that qualifies
- not already be in a Debt Relief Order, IVA, bankruptcy or another Breathing Space
- not have had a standard Breathing Space in the last 12 months
The debt adviser must also decide that Breathing Space is appropriate – for example, that you can’t pay your debts as they fall due and that it would help you find a solution.
For a mental health crisis Breathing Space, an Approved Mental Health Professional (AMHP) must confirm that you’re receiving mental health crisis treatment. This includes being detained in hospital under the Mental Health Act or receiving crisis treatment from a mental health crisis service. A carer, mental health professional or social worker can also contact a debt adviser on your behalf.
Which debts are covered?
Most debts are covered, including:
- council tax arrears
- rent and mortgage arrears (but not the full mortgage)
- energy and water arrears
- credit cards, loans, overdrafts, catalogues and buy now pay later
- county court judgments
- most benefit and tax debts
- parking penalty charges
Some debts are not covered, including:
- magistrates’ court fines and other fines for criminal offences
- child maintenance
- student loans
- debts arising from fraud
- secured debts like a mortgage (although arrears are covered)
The adviser will tell you which of your debts can be included.
How Breathing Space stops bailiffs
Once your Breathing Space starts, creditors who have been notified of it must stop most action to collect the debts included, and that includes enforcement by bailiffs. In practice:
- the creditor (for example, your council) must tell its bailiffs to stop
- bailiffs can’t visit, take control of goods or add further enforcement fees for those debts
- creditors can’t start or continue most court action without the court’s permission
If bailiffs contact you about a debt that’s in Breathing Space, tell them and give them your Breathing Space reference number. Read our article: can Breathing Space stop bailiffs?
What you must do during Breathing Space
Breathing Space only pauses your existing debts. To keep it, you must:
- keep paying ongoing costs, such as your current rent, mortgage, council tax and energy bills
- work with the debt adviser to find a long-term solution
- not take on new credit of more than £500 without telling the lender you’re in Breathing Space
The adviser carries out a midway review (between days 25 and 35) to check it’s still right for you. It can be cancelled if you’re not keeping up with ongoing liabilities or engaging with advice.
What happens when Breathing Space ends?
Interest, charges and enforcement can restart when it ends, so the 60 days should be used to put a long-term plan in place. Depending on your circumstances, that might be:
- an affordable payment arrangement with each creditor
- a Debt Relief Order – read our DRO guide
- an Individual Voluntary Arrangement – read our IVA guide
- a debt management plan, or bankruptcy
See debt solutions compared for how they differ.
How to apply
- Contact a debt adviser. This can be an FCA-authorised debt advice firm, a free debt charity, or your local council’s debt advice service. You can use our service or contact a free debt advice service.
- Give details of your debts and circumstances. The adviser checks you’re eligible and that Breathing Space is appropriate.
- The adviser registers your Breathing Space with the Insolvency Service. It starts the day after it’s registered.
- Your creditors are notified by the Insolvency Service and must stop action.
Breathing Space is free. Nobody should charge you to apply.
Breathing Space and your credit file
Breathing Space itself doesn’t appear on your credit file. Details are held on a private register that creditors can’t search. However, any arrears or defaults you already have will still show, and creditors can still record missed payments.
Related reading
- Debt and mental health: getting help and extra protection
- Behind on energy bills?
- How to apply for a Debt Relief Order
- IVA eligibility: who qualifies?
Frequently asked questions
Can I apply for Breathing Space myself?
No. Only a debt adviser can apply. That includes FCA-authorised debt advice firms, free debt charities and local authority debt advice services.
Does Breathing Space stop council tax bailiffs?
Yes. Council tax arrears are covered, so the council and its bailiffs must stop enforcement action for those arrears. You still need to pay your current year’s council tax as it falls due.
Does Breathing Space cover magistrates’ court fines?
No. Fines imposed for a criminal offence are excluded, so bailiffs collecting a magistrates’ court fine can continue. Contact the court fines office about affordable payments.
How often can I get Breathing Space?
You can have a standard Breathing Space once every 12 months. There’s no limit on how often you can have a mental health crisis Breathing Space.
Will my creditors know I’m in Breathing Space?
Yes. The creditors included are notified by the Insolvency Service, so that they stop collection. The register isn’t public.
Sources
How we wrote this guide
- 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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