What is Breathing Space and how to apply

You can only apply for Breathing Space by getting debt advice from an approved provider like StepChange.

Our free, online debt advice tool can help you apply for Breathing Space online.

It will:

• Build a budget
• Check your debts can be included
• Check you can apply
• Submit your application to the Insolvency Service

Breathing Space is a good idea if your mental health is being impacted by debt.

It is normal for debt stress to impact your wellbeing, and it is normal for mental health issues to make it harder to deal with debt.

Breathing Space gives you a break from the pressure of creditors contacting you for payment and lets you take some time to find the right debt solution.

Our expert team can help you apply and will never judge you.

Our website has some useful resources too:

• Talking to loved ones about debt 
• Maintaining friendships
• Friends with money worries
• Talking to your kids

Are you having a mental health crisis?

Have you been:

• Detained under the Mental Health Act (this is also known as being sectioned)?
• Removed to a place of safety under the Mental Health Act?
• Receiving crisis care in hospital or the community from a specialist mental health team such as the crisis team or the home treatment team?

Mental Health Crisis Breathing Space (MHCBS) is a separate debt help scheme for people having mental health crisis treatment.

We cannot help you with it, but the Mental Health and Money Advice website can. Visit to find out more and check if you can apply.

The Breathing Space register is kept by the Insolvency Service.

The Breathing Space Register can only be seen by:

• Your debt advice provider and
• The people you owe

This means not many people will know or find out about your Breathing Space.

It is different from the Insolvency Register, which is also run by the Insolvency Service.

The Insolvency Register is public and lists details of anyone with:

• Bankruptcy
• Individual Voluntary Arrangements
• Debt Relief Orders

What is the Insolvency Service?

The Insolvency Service is a government agency that deals with individual and company insolvencies in England and Wales

Breathing space stops bailiffs (also called enforcement agents) from:

• Contacting you
• Visiting you
• Giving you notice of enforcement
• Giving you notice of property possession
• Starting possession proceedings
• Getting a warrant of control
Taking control of goods

In other words, all enforcement action must stop.

Bailiffs can sell goods they took into control before your Breathing Space started, but they cannot charge you for the storage of those goods during Breathing Space.

Debts included in a CCJ (Country Court Judgment) can be added to your Breathing Space. This halts further action until after your Breathing Space ends.

We will need to know who the debt is with so we can tell them to contact the court.

A CCJ could be raised against you if you respond to a money claim during Breathing Space.

Breathing Space is administered by the Insolvency Service, a government agency.

They register people on Breathing Space and notify their creditors.

They also send out communications when Breathing Space ends after 60 days.

Possession proceedings cannot start during Breathing Space.

Breathing Space for Renters

You cannot be forced out of your home for rent arrears while you are on Breathing Space.

Your landlord cannot:

• Serve notice
• Start a possession claim
• Even if they served notice before Breathing Space
• Enforce a possession order
• They can get one, but they cannot enforce it
• Even if they already had a possession claim

In some cases you could still be forced to leave. These include:

• If you have a "periodic assured shorthold tenancy"
• If you are an occupier with basic protections such as:
• Temporary accommodation or
• Licence
• For breaking other terms your rental contract like:
• Sub-letting without permission)
• Antisocial behaviour

Breathing Space for Homeowners

Your mortgage is split into "capital balance" and "monthly payments". Your monthly payments gradually pay down the capital balance (which is what you initially borrowed).

Arrears are debts from not making your monthly payments.

Mortgage arrears can be included Breathing Space but:

• You must keep up with monthly payments
• Interest and charges can still be added to the capital balance
• They cannot be added to your arrears

Possession proceedingscan start after your breathing space.

Interest only mortgages

The payments on interest only mortgages count as arrears and can be included in your Breathing Space. As long as they are from before your Breathing Space.

However, the people you owe could start possession proceedings for the “capital balance” of your debt.

Discuss options with your mortgage lender if your term is coming to an end.

They may be able to:

• Extend your mortgage term
• Switch you to a repayment mortgage
• Make a payment arrangement

The debts continue to exist even though contact stops and interest and charges are on hold.

After your Breathing Space ends:

• Your creditors can start contacting you again
• Your creditors can take further action to collect your debts
• Any action that was paused for Breathing Space may resume

You should keep working towards a longer-term plan to deal with your debts.

Breathing Space does not directly affect your credit score, but:

• Missed payments are recorded on your credit file
• This makes it harder to take out new credit

You may be able to get Breathing Space if you are self-employed. But we cannot help with your application.

Business Debtline give specialist debt advice for the self-employed.

They can help you with:

• Your eligibility for Breathing Space
• Your subsequent application process

After Breathing Space ends, the people you owe can:

• Start contacting you again and
• Take further action on your debts

Any action that paused because of Breathing Space starts again.

Work on getting a debt solution in place for a longer-term plan to deal with debts.