Breathing space for rent or mortgage arrears
What is breathing space?
Breathing space is a scheme that gives you time to deal with debt. You cannot usually be evicted for rent or mortgage arrears while you are on the scheme.
You do not have to pay for the scheme.
Breathing space gives you time to:
reduce your arrears
get help with money and debt
come up with a repayment plan for your arrears
You can also have breathing space for other debts. For example, council tax arrears, personal loans or credit card arrears and missed payments on utility bills.
You need a debt adviser to refer you to the scheme or to check and review your application.
There are 2 types of breathing space:
standard breathing space which lasts 60 days
mental health crisis breathing space which usually ends 30 days after your crisis care stops
Watch out for some debt management companies.
Some adverts and websites use the words 'breathing space' but only offer debt plans that you pay for.
How breathing space works
When you are on the scheme your landlord or lender and other companies you owe money to cannot usually:
evict you for missed rent or mortgage payments
start or continue court action to get their money
charge interest or fees on missed payments
They can only do these things if a judge says they can.
Breathing space is not the same as a payment holiday.
You should still pay your normal rent or mortgage if you can afford to. If you cannot afford the full amount, ask your debt adviser to help you work out how much you can pay.
If you have a mortgage, your lender cannot charge interest on any arrears during breathing space. But they can still charge interest on the amount you borrowed.
Check if breathing space could stop eviction
Breathing space can only help stop an eviction if you're being evicted for missed rent or mortgage payments. For example, if your landlord has given you a section 8 notice.
Your landlord could still:
evict you for other reasons, like antisocial behaviour
evict you using a section 21 notice if you have an assured shorthold tenancy
Get free legal help and representation if you're at risk of eviction or repossession.
When you cannot get breathing space
You cannot have a breathing space if you currently have any of these things:
a debt relief order (DRO)
an individual voluntary arrangement (IVA)
a bankruptcy order
If you get a standard breathing space, you cannot have another one for a year after it ends.
You can still get help from a debt adviser.
Last updated: 6 September 2024