Shelter's Specialist Debt Advice Service can help debt professionals navigate tricky breathing space cases.
Find out more and get in touch with an adviser.
Practical guidance
Practical information to help debt professionals advise on the implications for breathing space applications.
Government guidance for money advisers and creditors
Information about debtor eligibility, debt adviser duties, and the operation of the Debt Respite Scheme is available from the Insolvency Service in the Gov.uk Breathing Space guide for money advisers.
Guidance for mental health professionals about mental health crisis moratoriums under the Debt Respite Scheme is available from HM Treasury.
HM Courts and Tribunals Service has published guidance for creditors about their responsibilities to the court when a debtor enters a breathing space moratorium.
Shelter Legal guide to breathing space for tenants
Shelter Legal's Guide to breathing space for tenants explains how a breathing space or mental health crisis moratorium affects the possession process for tenants in rent arrears.
Articles by Shelter's Specialist Debt Advice Service
Sarah Mills and Chris Sykes explore some of the issues for debt advisers in a series of Q&A articles.
Breathing space and possession proceedings answers questions about how breathing space impacts possession action, including when the court can make a possession order, and what to do about eviction warrants during the moratorium.
Timing of a breathing space moratorium concentrates on when a debt adviser can use a breathing space moratorium to best effect during possession action.
Disputed debts case study
Breathing space and disputed debts is a case study from Shelter's Specialist Debt Advice Service involving a client who does not want to include a debt in their moratorium as they don't believe they are liable.
Legal reference information
Where to find legal and regulatory information about breathing space.
Debt Respite Scheme regulations
The regulations governing breathing space are The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020.
The regulations are available on Legislation.gov.uk.
Shelter Legal breathing space information
Shelter Legal has general information about breathing space and mental health crisis moratoriums, and information specific to possession proceedings.
Read more about breathing space and mental health crisis moratoriums.
Notices in possession proceedings
Find out when a landlord is prohibited from serving a notice to begin possession proceedings during a moratorium in Breathing space and landlord notices in possession proceedings.
Debts incurred through fraud
Debts incurred through fraud are treated differently in breathing space, bankruptcy, and debt relief orders. Find out more about Debts incurred through fraud.
Debt case law summaries
Shelter publishes summaries of key cases in debt advice, including breathing space cases.
Find debt case law summaries on Shelter Legal.
Information about breathing space for clients
Information about breathing space for debtors is available from MoneyHelper.
National Debtline has guidance for debtors including eligibility criteria, how the scheme works, and what debts can be included.
Mental Health and Money Advice has information about mental health crisis moratoriums under the Debt Respite Scheme.
Digital Housing Advice from Shelter
Shelter has information for the public about breathing space for people with rent or mortgage arrears.
Find Shelter advice on breathing space and possession proceedings for clients.