Breathing space for rent or mortgage arrears
The breathing space scheme can help if you've missed rent or mortgage payments.
You need to be referred to the scheme by a debt adviser.
The breathing space scheme gives you time to:
reduce your arrears
get help with money and debt
come up with a repayment plan
It can also help with other debts, for example, personal loans, credit cards and missed payments on utility bills.
Watch out for debt management companies that charge for their services.
Some use the words 'breathing space' in adverts or on websites but offer debt management plans that you pay for instead.
How breathing space works
When you are on the scheme, your landlord or lender and other companies cannot:
evict you for missed rent or mortgage payments
start or continue court action to get their money
charge interest or fees on the payments you've missed
Breathing space is not the same as payment holiday.
You should still pay your normal rent or mortgage if you can afford to.
There are 2 types of breathing space: standard and mental health crisis.
Standard breathing space
Common questions | Answers |
---|---|
How long does it last? | 60 days |
How often can you use the scheme? | Once a year |
How do you apply? | Through a debt adviser |
Do you have to work with a debt adviser while on the scheme? | Yes |
Do you have to pay your rent or mortgage while on the scheme? | Yes, if you can |
Standard breathing space lasts 60 days and you can only get it once a year.
You will need to:
work with a debt adviser to find a long term debt solution
report any changes to them, such as if you find a new job
The adviser will review your situation after around 30 days. They can cancel the breathing space if you do not stay in contact or give them enough information.
How to get a standard breathing space
Only a regulated debt adviser can put you on the breathing space scheme.
Contact a debt advice charity, for example:
StepChange - 0800 138 1111
National Debtline - 0808 808 4000
Citizens Advice - 0800 240 4420
You will need to give details of your income, spending and debts.
Mental health crisis breathing space
Common questions | Answers |
---|---|
How long does it last? | It ends 30 days after your crisis care ends |
How often can you use the scheme? | When you are getting crisis care |
How do you apply? | On the Mental Health and Money Advice website |
Do you need proof of mental health crisis? | Yes, a mental health professional must confirm your care or treatment |
Do you have to work with a debt adviser while on the scheme? | No |
Do you have to pay your rent or mortgage while on the scheme? | Yes, if you can |
A mental health crisis breathing space does not have a time limit. It usually ends 30 days after you stop getting mental health crisis treatment. You can have it more than once a year.
You are not expected to work with a debt adviser or find a longer term solution to your money problems.
How to get a mental health crisis breathing space
You can only get a mental health breathing space if you're getting crisis care or treatment:
in hospital
at home from a specialist mental health team
First, someone from your mental health care team should:
fill in a form for you
confirm your care or treatment
See GOV.UK for the form and guidance for mental health professionals.
Next, they should fill in a short mental health crisis breathing space referral form on the Mental Health and Money Advice website. You could also fill this form in yourself.
Your application will be checked by the mental health charity Rethink.
You do not need to speak to a debt adviser. But a debt adviser will check your application.
When breathing space will not help
Breathing space is not an option if you have any of these:
debt relief order (DRO)
individual voluntary arrangement (IVA)
bankruptcy order
You could get help to find another solution to rent or mortgage arrears and other debts from a regulated debt adviser.
You can still get breathing space if your DRO, IVA or bankruptcy order has ended.
Eviction for other reasons
The breathing space scheme can only help if you're being evicted for missed mortgage or rent payments, for example, if your landlord has given you a section 8 notice.
Your landlord could still:
evict you for another reason, like antisocial behaviour
use the section 21 eviction process if you have an assured shorthold tenancy
Most private renters and some housing association tenants have an assured shorthold tenancy.
If you're at risk of eviction or repossession, you could get free legal help or representation.
Last updated: 6 March 2023