What is Breathing Space?

What it stops

Breathing Space is also called the Debt Respite Scheme. While you have it, for the debts it covers:

• creditors cannot take enforcement action against you,
• creditors cannot contact you about those debts,
• creditors cannot add interest or charges to those debts,
• creditors cannot start legal action, including a bankruptcy petition, and bailiffs cannot visit to take control of goods, and
• a creditor cannot serve a notice to take possession of your home for rent arrears, or take possession for them.

What it does not stop

Breathing Space is not a full stop to everything.

• Your debts are still there. It does not cancel them. You still need to deal with them.
• You still pay your current bills. This means your current mortgage or rent for the home you live in. It also means insurance, taxes, and gas, electricity and water bills that fall due during it. If you do not keep paying them, your adviser can decide to end your Breathing Space.
• Some debts are not covered. These include court fines, child maintenance, student loans, and Social Fund budgeting and crisis loans. They also include damages you owe for injury or death, and advance payments of Universal Credit. Debts from fraud are not covered either.
• New mortgage arrears are not protected. Arrears on a secured debt such as a mortgage can only be included if they already existed when you applied. Arrears that build up after it starts are not protected.
• Creditors can ask a court. A creditor can ask a court for permission to take a specific action. The court only agrees if it thinks that is reasonable and will not harm you or undermine the protection.

Who can apply

You can apply if you live in England or Wales and you:

• do not have a Debt Relief Order, an IVA or an interim order, and are not an undischarged bankrupt when you apply,
• are not already in Breathing Space, and
• have not used standard Breathing Space in the last 12 months. A mental health crisis Breathing Space does not count towards this.

How to apply

You apply through a debt adviser. They submit the application for you if they think it is the right thing to do. It is free to apply, but some debt advisers may charge a fee. Ask before you start. Free advisers are on our free help page.

An adviser may decide Breathing Space is not right for you. For example, it might not help if you could pay your debts with a little help with your budget.

If you are getting mental health crisis treatment

There is a stronger version. It lasts for as long as your crisis treatment does, plus 30 days. If you cannot speak to a debt adviser yourself, someone else can do it for you. Some of the other rules, such as the limit on using it again, are different too.

If you are finding it hard to cope, you can talk to Samaritans any time, day or night. Their details are at the bottom of this page.

When it ends

Standard Breathing Space ends on its own after 60 days. Your creditors can then take action again. So use the time to get advice and, if it suits you, set up a longer-term plan. The adviser can help you move into a debt solution during or soon after Breathing Space. It can also end early if you start one.

Read about the options that can come next: all your debt options.