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UK government breathing space letter on desk — legal protection from bailiff action 2026

Breathing Space Scheme 2026: Stop Bailiff Action for 60 Days

Written by Jess Gambo on . Posted in Bailiff Rights, Debt Advice, Know Your Rights.

Facing a bailiff visit is one of the most stressful experiences a person can go through. Whether it is council tax arrears, a county court judgment, or unpaid fines, the moment an enforcement agent knocks on your door, panic tends to take over. But there is a government-backed legal tool that can pause all of that — instantly, and for up to 60 days.

It is called the Breathing Space scheme, and since its launch in May 2021 it has helped tens of thousands of people across England and Wales — including many in Manchester, Sale, and Greater Manchester — press pause on creditor enforcement while they work towards a lasting debt solution.

This guide explains exactly what Breathing Space is, how it stops bailiff action in its tracks, who qualifies, and how to apply for it today.

What is the Breathing Space Scheme?

The Breathing Space scheme (officially the Debt Respite Scheme) is a government programme introduced under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020. It came into force on 4 May 2021.

The core idea is straightforward: if you are struggling with unmanageable debt, a period of legal protection gives you time to seek professional debt advice and arrange a formal solution — without creditors and enforcement agents piling on more pressure during that process.

During a Breathing Space period, most creditors must legally pause:

  • Bailiff visits and enforcement action
  • Interest and penalty charges accumulating on your debt
  • Demanding payment through letters and calls
  • Starting new legal proceedings related to the debt
  • Applying for new charging orders or attachment of earnings

In short, it gives you room to breathe — and that breathing room can be the difference between a manageable situation and a financial crisis spiralling out of control.

How Does Breathing Space Stop Bailiff Action?

Once your Breathing Space application is approved and registered on the official government insolvency service database, it takes immediate legal effect. Creditors and enforcement agents are notified, and they are legally required to halt all enforcement activity.

For anyone with an active bailiff warrant or an enforcement agent already instructed to collect a debt, this means:

  • Scheduled bailiff visits must be suspended immediately
  • Any goods previously seized but not yet sold cannot be disposed of
  • The enforcement agent’s fee-charging clock is paused
  • No new enforcement action can be started for the debts covered by the scheme

This applies to both county court bailiffs (collecting County Court Judgments) and High Court Enforcement Officers (HCEOs) acting on High Court writs — as well as council tax enforcement agents acting on behalf of local authorities like Manchester City Council or Trafford Council.

It is important to understand that Breathing Space does not cancel the debt. The debt remains, and the bailiff warrant does not disappear. But it gives you legally protected time to work with a debt adviser on a formal resolution — whether that is a Debt Management Plan, an Individual Voluntary Arrangement (IVA), or another appropriate solution.

Two Types of Breathing Space in 2026

There are two distinct types of Breathing Space, and understanding which applies to your situation is important.

Standard Breathing Space (60 Days)

This is available to anyone in England and Wales who is struggling with problem debt. The protection lasts for 60 days from the date it is registered. During that 60-day window you must actively engage with an FCA-regulated debt advice provider to work towards a debt solution.

If your adviser determines that your situation cannot be resolved, or if you stop engaging with debt advice, your Breathing Space can be cancelled early. But in normal circumstances, the full 60 days is yours to use.

Mental Health Crisis Breathing Space (Indefinite + 30 Days)

If you are currently receiving treatment for a mental health crisis, you may qualify for a Mental Health Crisis Breathing Space. This lasts for the entire duration of your mental health treatment, plus an additional 30 days after treatment ends.

This type must be applied for by an approved mental health professional (AMHP) or a debt adviser working alongside your mental health treatment team. Local Manchester mental health services, including Greater Manchester Mental Health NHS Foundation Trust, can support applications through this route.

Who Qualifies for Breathing Space?

To be eligible for Standard Breathing Space, you must meet all of the following criteria:

  • You are an individual (not a company or business)
  • You live in England or Wales
  • You have at least one qualifying debt
  • You are not already subject to a Debt Relief Order (DRO), Individual Voluntary Arrangement (IVA), or bankruptcy order
  • You have not had a previous Breathing Space in the last 12 months

Most common debt types qualify, including:

  • Council tax arrears
  • County Court Judgments (CCJs)
  • Utility bill debt (gas, electric, water)
  • Credit card and loan debt
  • HMRC tax and National Insurance debts
  • Rent arrears

Certain debts are excluded, including some student loans, child maintenance orders, and debts arising from fraud.

How to Apply for Breathing Space in Manchester and the North West

You cannot apply for Breathing Space directly — it must be initiated through an FCA-authorised debt advice provider. This protects the integrity of the scheme and ensures your situation is properly assessed before enforcement is paused.

In Manchester, Sale, and across Greater Manchester, you can access Breathing Space advice through:

  • Citizens Advice Manchester — free, impartial debt advice with trained advisers who can apply on your behalf. Walk-in and appointment services available across Greater Manchester, including Trafford, Sale, and Altrincham.
  • StepChange Debt Charity — free telephone and online debt advice. One of the largest Breathing Space applicators in the UK.
  • Greater Manchester Law Centre — specialist legal advice for those facing enforcement action and complex debt situations.
  • National Debtline — free telephone and online debt advice for people in England, Wales and Scotland.
  • PayPlan — free debt advice and debt management solutions, with Breathing Space referrals available.

The adviser will review your debts, confirm your eligibility, and register your Breathing Space with the Insolvency Service on your behalf. The process can often be completed in the same appointment or call, meaning protection can take effect within a matter of days.

What Happens During Your 60-Day Breathing Space?

The 60 days is not meant to be a holiday from debt — it is structured working time. Here is what to expect:

Within the first few weeks:

  • All creditors included in your Breathing Space are legally notified
  • Bailiff and enforcement action stops immediately
  • Interest and charges freeze on the qualifying debts
  • Your debt adviser begins working with you on a formal debt solution

Around 25 days in:

  • Your adviser carries out a midpoint review to check you are engaging and progressing
  • Any new eligible debts can be added to your Breathing Space if discovered

Towards the end of the 60 days:

  • Your adviser confirms the long-term debt solution (IVA, DMP, DRO, or other)
  • The solution is set up before the protection ends, so you move seamlessly into a managed arrangement

It is vital that you stay in contact with your debt adviser throughout this period. If you miss appointments or stop engaging, your Breathing Space can be cancelled early — and bailiff action can resume immediately.

What Comes After Breathing Space?

Breathing Space is a bridge, not a destination. Once your 60 days are up, you need a formal debt solution in place. The most common routes for people in Manchester and the North West include:

  • Individual Voluntary Arrangement (IVA) — a legally binding agreement between you and your creditors to repay a proportion of your debts over a fixed period, usually five years. Bailiff action against you is prohibited during an active IVA.
  • Debt Management Plan (DMP) — an informal arrangement where you repay all debts at a reduced monthly rate. Less legally binding than an IVA, but effective for manageable debt levels.
  • Debt Relief Order (DRO) — similar to bankruptcy but for people with lower debt levels, minimal assets, and a low income. Provides 12 months of legal protection from creditors.
  • Bankruptcy — a formal legal process that writes off unmanageable debts. Not always the right solution, but for some people it provides the clean break they need.

Organisations like ClearPath Debt Solutions specialise in helping people across Greater Manchester find the right formal debt solution after Breathing Space. A free, confidential consultation can clarify which route makes the most sense for your specific circumstances.

Can Breathing Space Be Used More Than Once?

Standard Breathing Space can only be used once every 12 months. This means if you used it previously and the 12-month period has not passed, you would not be eligible for a second application.

Mental Health Crisis Breathing Space has no equivalent restriction — it can be applied for whenever you are receiving treatment for a qualifying mental health crisis, regardless of previous applications.

It is also worth knowing that if you are already in a formal debt solution (such as an IVA or bankruptcy), you cannot apply for Breathing Space, because the formal solution already provides equivalent legal protections in most cases.

Getting Help in Manchester, Sale and Greater Manchester

If you are currently facing bailiff action in Manchester, Sale, Trafford, Salford, or anywhere across Greater Manchester, the Breathing Space scheme may be available to you today. The first step is contacting one of the free debt advice services listed in this guide.

Do not wait until the bailiff is at your door. The scheme works best when applied before enforcement has escalated — giving your adviser time to register the protection cleanly and ensure all relevant creditors are notified before any visits take place.

If a bailiff visit is imminent, contact Citizens Advice Manchester or StepChange urgently and explain the situation. Emergency Breathing Space registrations can sometimes be expedited when enforcement is actively ongoing.

For specialist advice on stopping bailiff action and finding a formal debt solution tailored to your circumstances, visit our stop bailiff action guide or explore our resources on your bailiff rights.

Summary: Breathing Space Gives You Real Legal Protection

The Breathing Space scheme is one of the most powerful tools available to people facing debt enforcement in England and Wales. For up to 60 days, it places a legal shield between you and your creditors — stopping bailiff visits, freezing interest, and giving you protected time to find a lasting solution.

It is free to apply for. It is legally binding on creditors and enforcement agents. And in 2026, it remains one of the most underused debt protection tools available — simply because many people in financial difficulty have never heard of it.

If bailiff action is hanging over you, act today. Free advice is available across Manchester, Sale, and Greater Manchester, and the Breathing Space scheme could give you the breathing room you need to take back control.

Need urgent help with a bailiff situation? Contact our team now for a free, confidential consultation: stoppingthebailiff.co.uk/contact