Breathing Space

A statutory moratorium giving a debtor protection from creditor action for up to 60 days (standard breathing space) or the duration of mental health crisis treatment plus 30 days (mental health crisis breathing space). During the moratorium, creditors cannot enforce debts, contact the debtor to demand payment, or add interest and charges.

In practice

Breathing space is accessed through a debt advice provider who applies to the Insolvency Service's electronic system. Once registered, all qualifying debts are protected. Enforcement agents must cease all action, and any ongoing writ or warrant is paused. The debtor must engage with debt advice during the period. If the debtor obtains a breathing space, existing enforcement fees already incurred remain payable, but no new enforcement action can be started.