The government has defended the Breathing Space debt respite scheme after being asked what safeguards exist for private landlords whose tenants enter a moratorium. Ministers said creditors can still challenge eligibility and apply to court for permission to take enforcement action while a breathing space is in force.
The clarification came in a written parliamentary answer after concerns were raised about how the scheme affects landlords dealing with arrears and blocked enforcement action. The answer does not change the rules, but it does confirm the Treasury’s current line at a time when landlords remain sensitive to any further delay in recovering possession or rent.
For landlords, the timing matters because possession costs have already risen and arrears cases remain harder to manage under a tighter enforcement environment. A reminder that Breathing Space is still active, and still limits creditor action, means landlords with struggling tenants need to know exactly where the scheme stops and what routes remain open.
Ministers say landlords still have challenge rights
In response to a written question from Liberal Democrat MP Joshua Reynolds, economic secretary to the Treasury Rachel Blake said the government recognises that Breathing Space protections affect creditors, including private landlords. She said the scheme includes safeguards to protect creditor rights.
Those safeguards include the right for creditors to ask a debt adviser to review whether a debtor or a specific debt qualifies for the scheme. Creditors can also apply to a court at any time for permission to take enforcement action in relation to a debt included in a breathing space.
Scheme still pauses most enforcement for up to 60 days
Government guidance for creditors says a standard breathing space gives someone with problem debt legal protections from creditor action for up to 60 days. A mental health crisis breathing space lasts for the full period of crisis treatment plus 30 days.
The guidance also makes clear that a debtor can only enter the standard scheme through a regulated debt adviser or local authority debt advice service. During the moratorium, most enforcement action and contact linked to the debt must stop, while interest and charges are frozen on covered debts.
This follows Landlord Knowledge’s earlier report that Breathing Space is not a payment holiday. That point still matters because the scheme does not wipe out rent arrears or guarantee that a tenant can stay on top of ongoing rent. It simply pauses parts of the recovery process while debt advice or crisis treatment is under way. With court possession costs already having moved higher in recent years, any extra delay can still hit landlord cash flow hard.
The practical issue for landlords is not whether the scheme exists – it does – but whether they spot it early, understand the scope of the moratorium and act quickly if they think a review or court application is justified. Waiting until the breathing space ends may not always be the strongest option.
What this means for landlords
- If a tenant enters Breathing Space: Pause enforcement action immediately and check exactly which debts are covered by the notification.
- If you think the case does not qualify: You can ask the debt adviser to review the breathing space or specific debt.
- Watch for: Mental health crisis breathing spaces, which can last much longer than the standard 60-day protection.
- Keep records: Clear arrears notes and notice timelines will matter if you need court permission to act during a moratorium.
- Bottom line: Breathing Space can delay action, but it does not remove landlord rights or erase the underlying debt.
Editor’s view
This is a useful reminder rather than a policy shift, but reminders matter when the rules slow enforcement. Landlords who confuse Breathing Space with a blanket bar on every next step may give away time they do not need to lose.
Author: Editorial Team – UK landlord & buy-to-let news, policy, and finance
Published: 24 July 2026
Sources: UK Parliament, GOV.UK
Related reading: Breathing Space not a payment holiday
