Breathing Space

Breathing Space (formally the Debt Respite Scheme) is a statutory moratorium introduced by the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020. Standard Breathing Space lasts up to 60 days and freezes most enforcement action, contact from creditors, and the accrual of interest and charges. A Mental Health Crisis Breathing Space lasts for the duration of the debtor's treatment plus 30 days.

In practice

Breathing Space is accessed through a debt advice provider who assesses eligibility and registers the moratorium electronically. Once registered, all creditors listed in the moratorium must stop enforcement action. High Court Enforcement Officers and county court bailiffs must suspend execution of writs and warrants. Creditors who breach the moratorium may face court action. The scheme does not apply to certain debts including secured debts, child maintenance, and benefit overpayments.