Breathing Space — 60 Days of Legal Protection From Creditors
The Breathing Space (Debt Respite Scheme) gives people in problem debt 60 days of legal protection from creditor action, enforcement, interest, and charges. It was introduced in England and Wales in May 2021. Scotland has a similar scheme called the Moratorium on Diligence. This guide explains who qualifies, what protection you get, and how to apply.
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What is Breathing Space?
Breathing Space is a legal scheme that gives you 60 days of protection while you work with a debt adviser to find a long-term solution. During those 60 days:
- ✓Creditors cannot contact you to demand payment
- ✓No new enforcement action can be started (bailiff visits, court applications, etc.)
- ✓Most interest and charges are frozen
- ✓County Court proceedings cannot be started or continued
- ✓Existing bailiff action is paused
- ✓Your debt adviser helps you find a longer-term solution (DMP, IVA, bankruptcy, etc.)
Who can apply?
To apply for Standard Breathing Space, you must:
- ✓Have at least one qualifying debt (most consumer debts qualify — credit cards, loans, overdrafts, utility bills, council tax)
- ✓Not currently have an IVA, DRO, or be bankrupt
- ✓Not have had a Breathing Space in the last 12 months
- ✓Work with an FCA-authorised debt adviser or a local authority
Mental Health Crisis Moratorium
There is a separate Mental Health Crisis Moratorium for people receiving mental health crisis treatment. This provides the same protections as Standard Breathing Space but:
- ✓It lasts for the duration of the mental health crisis treatment plus 30 days
- ✓There is no limit on how many times you can apply
- ✓You don't have to meet with a debt adviser during the moratorium
- ✓A mental health professional (not you) applies on your behalf
- ✓The 12-month restriction between applications does not apply
How to apply
Debts not covered by Breathing Space
Most consumer debts are covered, but some are excluded:
- ✓Secured debts (mortgage repossession proceedings are not paused)
- ✓Domestic support — child maintenance obligations
- ✓Debts incurred after the Breathing Space starts
- ✓Criminal fines
- ✓Student loans
Get advice about your specific situation
Ash is a free UK guidance assistant. Ask about your rights, get step-by-step guidance, and generate a formal letter if you need one.
Talk to Ash — it's freeNo sign-up · No account · Works for England, Scotland, Wales & Northern Ireland