Breathing Space is the name for the Debt Respite Scheme, which operates in England and Wales. It is not a debt solution and it does not cancel what is owed. It is a temporary pause, long enough to take advice and put something more permanent in place. Whether a debt can be included depends on the type of debt, not on who collects it.
Which debts are covered and which are not
Can be included in Breathing Space
- Council tax arrears, once a reminder notice has been served or the year’s instalments have fallen due.
- Parking and traffic penalty charge notices.
- County court and High Court judgments for ordinary debts.
- Tax and benefit debts owed to government.
- Utility arrears, credit cards, loans and overdrafts.
Cannot be included
- Fines imposed by a court for an offence — magistrates’ court fines stay enforceable.
- Child maintenance.
- Student loans.
- Universal Credit advance payments and social fund loans.
- Debts that relate only to a business that is VAT registered or run as a partnership.
Court fines are not covered
A fine imposed by a magistrates’ court for a criminal offence cannot be included in Breathing Space, no matter how it is being collected. If enforcement agents are collecting a court fine, the scheme does not pause that action.
What enforcement agents must stop doing
GOV.UK’s guidance to creditors sets out what is prohibited once a Breathing Space has been registered. For debts that are included, an enforcement agent must not visit the person’s home or business to take goods, take or sell any goods, give notice about collecting or enforcing the debt, or contact the person to ask for payment. Interest, fees and charges on the included debts are frozen for the same period.
There is one exception: goods that an agent had already removed and stored before the Breathing Space began can still be sold. Storage fees for the period itself cannot be charged.
How long Breathing Space lasts
- Standard Breathing Space
- Up to 60 daysStarts when a debt adviser registers it
- Mental health crisis version
- Length of treatment + 30 daysNo 12-month limit between applications
- Standard version: how often
- Once in any 12 monthsCannot be used if already in an IVA, DRO or bankruptcy
- Mid-point review
- Between day 25 and day 35Debt adviser checks ongoing obligations are being met
A standard Breathing Space ends 60 days after it started, or the day after it is cancelled. The debt itself is not cancelled. It goes back to the creditor, who has other ways to collect it. Enforcement can then pick up where it left off unless a payment arrangement or a debt solution has been put in place in the meantime.
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Who can apply for it
A person cannot apply for Breathing Space directly. Only a debt adviser can register one — that means a debt advice provider authorised by the Financial Conduct Authority, or a local authority that provides debt advice. GOV.UK points people to MoneyHelper’s debt adviser locator. The free debt advice charities listed at the bottom of this page can start one where it is appropriate.
A person cannot have a standard Breathing Space if they already have a Debt Relief Order, an Individual Voluntary Arrangement or an interim order, are an undischarged bankrupt, or have had a standard Breathing Space in the last 12 months. The mental health crisis version is different: it is available as long as the person is receiving mental health crisis treatment, and the 12-month restriction does not apply to it.
Breathing Space is not a payment holiday. Ongoing bills — rent, the mortgage, current council tax and utilities — still have to be paid. If those obligations are not being met, the debt adviser can cancel it after the mid-point review.
How Breathing Space fits alongside other protections
Breathing Space and the 28-day notice period introduced on 1 May 2026 are separate. The extended notice period only lengthens the wait before a first visit. Breathing Space stops all enforcement on the debts included, at whatever stage it has reached — including after a visit has already taken place. The two can be used alongside each other. For a full comparison of the routes that can pause or end bailiff action, see How bailiff action can be stopped or paused.
The fees once Breathing Space ends
Fees and charges on debts included in a Breathing Space cannot be added during it. Fees that were added before it started remain part of the debt. With a car or without one, for most debts £79 is added when the notice is sent and £247 on the first visit. A further fee is added if goods are removed for sale. Full details are at Bailiff fees.
Of the cases that ended in payment in the period January to June 2025, 64% were paid at the enforcement stage or later, after an agent’s first visit had added the larger fee. The average fee collected on a case paid in full was £201, on the lower fees then in force. This means that even where a Breathing Space gives breathing room, the fee position when it ends depends on what stage enforcement had reached before it was registered.
Does breathing space stop council tax bailiffs?
Yes. Council tax arrears can be included in Breathing Space once a reminder notice has been served or the year’s instalments have fallen due. Once it is registered, enforcement agents cannot visit, take goods or add charges during the 60-day period.
Does breathing space cover parking fines?
Yes. Parking and traffic penalty charge notices can be included. Magistrates’ court fines for criminal offences cannot, so whether parking enforcement is covered depends on the type of penalty: a penalty charge notice from a local authority is included; a fine imposed in court is not.
Does breathing space stop court fine bailiffs?
No. Fines imposed by a court for a criminal offence cannot be included in the scheme. Enforcement agents collecting a magistrates’ court fine can continue their action even if a Breathing Space has been registered for other debts.
What happens to bailiff fees during breathing space?
Fees on the debts that are included cannot be added during the Breathing Space. Fees already added before it was registered remain part of the debt and are still owed when the pause ends.
What happens when breathing space ends?
The debt itself is not cancelled. It goes back to the creditor, who has other ways to collect it. Enforcement can resume at the stage it had reached unless a payment arrangement or a longer-term debt solution has been put in place. The 60 days is intended to give time to do that.
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Free debt advice is available
These organisations give free, impartial debt advice and are independent of Bailiff Support Team. Nobody has to use a paid or commercial service to get help with their debts, and using one of the free services does not reduce the options available. Their advisers can also ask an enforcement firm to extend a notice period or apply for Breathing Space where it fits.
- MoneyHelperGovernment-backed. Finds a free debt adviser nearby or online.
- StepChange Debt CharityFree debt advice online and by phone.
- Citizens AdviceDetailed help with bailiffs, online and in person.
- National DebtlineFree advice and sample letters, run by the Money Advice Trust.