Breathing Space and rent arrears: what landlords can do

A Breathing Space pauses action on rent arrears and other debts under the Debt Respite Scheme. If your tenant enters one and it covers their arrears, you must not contact them about the arrears, take recovery action, add interest or charges, serve a notice on Grounds 8, 10 or 11, or start an arrears possession claim, unless the court gives permission. Anything done in breach is "null and void". Ongoing rent is still payable.

This page covers landlords in England. For the wider steps, see the rent arrears guide.

What a Breathing Space is

The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 create two types:

Type	How long it lasts
Standard breathing space	Up to 60 days
Mental health crisis breathing space	For the length of the person's crisis treatment, plus 30 days

The rules apply once you've been notified, to the debts the breathing space covers, which can include rent arrears. Ongoing rent is not paused: the Form 3A guidance says it is "not a payment holiday".

What you can't do during a breathing space for rent arrears

While the moratorium covers the arrears, you, or your letting agent, must not do any of the following without the court's permission:

• contact the tenant about the debt;
• take enforcement or recovery action;
• add interest, fees or charges;
• serve a notice relying on Grounds 8, 10 or 11;
• start a new possession claim on an arrears notice;
• take possession where any part of the notice relied on arrears grounds, even if the tenant has left.

Steps taken in breach are "null and void" (regulation 7(12)). Possession Claim Online can't be used while the tenant is in a breathing space either.

Watch out: pause any rent arrears letters, reminder emails and payment plan chasers as soon as you are notified. A letter before claim or a reminder about the arrears counts as contact about the debt.

What you can still do

• Expect the ongoing rent. It remains payable.
• Rely on non-arrears grounds. A notice based only on, for example, Ground 1A for a sale isn't "enforcement action" for the arrears. But a notice that includes any arrears ground is caught.
• Ask for a review by the debt adviser within 20 days of the start.
• Apply to the court to cancel the breathing space, or for permission to take a step (see below).

What happens to notices, claims and evictions already under way

Where you are	Effect of the breathing space
Form 3A arrears notice already served	It stays valid for 8 weeks from the end of the breathing space if, when it ends, the notice is over 12 months old or has fewer than 8 weeks left
Possession claim already issued	It continues up to an order or judgment, but all enforcement stops
New money claim	The court won't issue it while the breathing space lasts
Warrant or writ	The court won't issue warrants or writs
Eviction already booked, standard breathing space	Put back to no earlier than 14 days after the breathing space ends
Eviction already booked, mental health crisis breathing space	Can't take place; a judge reviews the case if it is suspended beyond 6 months
Pre-May 2026 arrears notice, claim delayed past 31 July 2026	You have 8 weeks from the end of the breathing space to apply (the accelerated procedure's transitional rule)

You must tell the court in writing about the breathing space, and tell any High Court enforcement officer you've instructed. HMCTS guidance says a landlord who doesn't tell the officer may be liable for losses.

Worked example

You served a Form 3A notice on Grounds 8, 10 and 11 on 10 May 2026, so you must start court proceedings within 12 months of that date. The tenant enters a standard breathing space that ends on 1 April 2027.

• On 1 April 2027 the notice has only about 5 weeks left, fewer than 8 weeks.
• So it stays valid for 8 weeks from the end of the breathing space, which takes you to around 27 May 2027.
• You can't issue the claim during the breathing space, but you can issue it once it has ended and within those 8 weeks. Don't leave it to the last day.

Separately, if your eviction had been booked for 20 November 2026 and a standard breathing space ran until 31 December 2026, the eviction could take place no earlier than 14 January 2027.

For the 12-month rule in general, see how long a Section 8 notice is valid.

Challenging a breathing space

Option	When	How
Ask for a review	Within 20 days of the start	Ask the debt adviser
Apply to cancel it	Within 50 days of the start	Apply to the county court on N244; the fee on notice is £321 from 13 July 2026
Ask permission to take a step	At any time	Apply to the court

A challenge costs time and money. If the tenant is engaging with a debt adviser, waiting for the breathing space to end and then agreeing a payment plan may be the simpler route.

What to do next

When the breathing space ends, update your rent schedule and check whether the Ground 8 threshold is met with the rent arrears calculator. If you need to serve a fresh notice, the Section 8 notice works out the dates and fills in Form 3A. If a court claim or eviction is already under way, read bailiff evictions for how the timings work.