
Disclaimer: This article is for information purposes only and does not constitute legal or financial advice.
If you’re struggling with debt, you may have heard about the Breathing Space (Debt Respite Scheme) and wondered whether it can stop bailiffs from visiting your home.
The good news is:
π For most qualifying debts, bailiffs should not continue enforcement action once a Breathing Space has started.
However, there are important exceptions, and not every type of debt is covered by the scheme.
In this guide, we’ll explain when bailiff action must usually stop, which debts qualify and what happens if bailiffs are already involved.
Can Bailiffs Come During a Breathing Space? (Quick Answer)
π Usually not, for qualifying debts.
Once a Breathing Space has officially started:
- β creditors must usually pause enforcement action for qualifying debts;
- β bailiffs should not continue enforcing those qualifying debts during the Breathing Space period; and
- β additional interest, fees and charges on most qualifying debts are generally frozen.
However:
π Not every debt qualifies for Breathing Space, so bailiffs may still be able to act in relation to debts that are not covered.
What Is a Breathing Space?
Breathing Space (officially called the Debt Respite Scheme) is a legal protection designed to give people experiencing problem debt time to obtain debt advice without immediate enforcement action.
For most people, a standard Breathing Space lasts 60 days.
During that time, qualifying creditors must usually pause enforcement while you work with an authorised debt adviser.
Breathing Space vs. Individual Voluntary Arrangement (IVA) – Key Differences:
Breathing Space (Debt Respite Scheme)
β Usually lasts 60 days
β Pauses most enforcement on qualifying debts
β Gives you time to obtain debt advice
β Does not write off debts
Individual Voluntary Arrangement (IVA)
β Usually lasts around five years
β Formal debt solution
β Affordable monthly payments
β May write off remaining qualifying debt at the end if successfully completed
π Main Difference: A Breathing Space is a temporary pause that gives you time to decide what to do. An IVA is a long-term debt solution designed to help you deal with qualifying debts over several years.
What Happens For Most People?
Let’s take a typical example.
Sarah has:
- credit card debt;
- a personal loan; and
- council tax arrears.
The council has instructed bailiffs.
Sarah works with a debt adviser who successfully places her into a Breathing Space.
π The bailiff company should pause enforcement action relating to the qualifying debt while the Breathing Space remains in force.
This gives Sarah valuable time to explore longer-term debt solutions.
Does Breathing Space Stop Bailiffs Immediately?
π Usually, yes – but only once the Breathing Space has officially begun.
Simply speaking to a debt adviser or applying for Breathing Space does not automatically stop enforcement.
Protection generally begins once the Breathing Space has been formally registered.
If bailiffs are already involved, tell both:
- your debt adviser; and
- the bailiff company
as soon as possible.
Which Debts Are Usually Covered?
Many unsecured debts can qualify, including:
- credit cards;
- personal loans;
- overdrafts;
- catalogue debts;
- council tax arrears;
- utility bill arrears; and
- some County Court Judgment (CCJ) debts.
Whether a particular debt qualifies depends on the individual circumstances.
Which Debts Are Not Usually Covered?
Some debts are generally excluded from the standard Breathing Space protections.
Examples may include certain:
- criminal fines;
- child maintenance obligations;
- confiscation orders; and
- other debts excluded by the scheme’s rules.
If you’re unsure whether your debt qualifies, your debt adviser will be able to explain.
Can Bailiffs Visit My Home During a Breathing Space?
π They should not continue enforcement action for qualifying debts.
However, if a bailiff is enforcing a debt that is not covered by the Breathing Space, the protection may not apply.
This is why it’s important to understand exactly which debts are included.
What If Bailiffs Have Already Visited?
Many people worry that it’s “too late.”
The good news is:
π Not necessarily.
Even if bailiffs have already attended your property, a Breathing Space may still require enforcement relating to qualifying debts to pause from the date the protection begins.
The earlier you seek advice, the more options you may have.
Is a Breathing Space the Same as an IVA?
π No.
A Breathing Space is a temporary legal protection that pauses most enforcement action while you obtain debt advice.
An IVA is a formal long-term debt solution designed to help repay qualifying debts over several years.
You may also find our guide on Does an IVA Stop Bailiffs? helpful.
What Happens When the Breathing Space Ends?
When the Breathing Space finishes:
π Enforcement action may resume if no longer-term debt solution has been put in place.
For this reason, the Breathing Space is intended to give you time to consider options such as:
- an IVA;
- a Debt Relief Order (DRO);
- a debt management plan; or
- another suitable solution.
Realistic Examples
Sarah Is Facing Bailiffs
Sarah enters a Breathing Space.
π Bailiff enforcement relating to her qualifying debt pauses while the protection is active.
David Has Criminal Fines
David assumes Breathing Space protects every debt.
π It does not.
Some debts are excluded and enforcement may still continue.
Emma Needs Time to Decide
Emma isn’t sure whether an IVA is right for her.
π A Breathing Space gives her time to receive professional debt advice without immediate enforcement for qualifying debts.
Common Myths
Myth: Breathing Space stops every bailiff immediately.
β False.
It generally protects qualifying debts, but not every debt is covered.
Myth: I can arrange a Breathing Space myself online.
β False.
A Breathing Space must usually be started through an authorised debt adviser.
Myth: Bailiffs can ignore a Breathing Space.
β Usually false.
Once a qualifying debt is protected, enforcement action should normally pause.
Myth: A Breathing Space writes off my debts.
β False.
It provides temporary legal protection while you seek debt adviceβit does not cancel the debt itself.
Related Guides
You may also find these articles helpful:
- Does an IVA Stop Bailiffs? β Learn how an Individual Voluntary Arrangement affects bailiff enforcement.
- Can a CCJ Be Included in an IVA? β Understand what happens if you have a CCJ and enter into an IVA.
- Will Bailiffs Eventually Give Up? β Find out what usually happens if you ignore bailiff enforcement.
- Can Bailiffs Force Entry for Council Tax? β Learn when bailiffs may be able to enter your home and when they generally cannot.
- What Can Bailiffs Do? β A practical guide explaining bailiff powers, entry rights and enforcement procedures.
Key Takeaway
For most qualifying debts, bailiff enforcement should pause once a Breathing Space has officially begun. However, not every debt is covered, and the protection is temporary. If bailiffs are already involved, seeking debt advice as soon as possible can help you understand whether a Breathing Space or another debt solution may be suitable.
Frequently Asked Questions
Does a Breathing Space stop bailiffs?
Usually, yes – for qualifying debts. Bailiff enforcement should normally pause once the Breathing Space is officially in place.
Can bailiffs visit during a Breathing Space?
They should not continue enforcement action relating to qualifying debts protected by the Breathing Space.
How long does a Breathing Space last?
For most people, a standard Breathing Space lasts 60 days.
Does a Breathing Space clear my debts?
No. It temporarily pauses most enforcement action while you receive debt advice.
What happens after a Breathing Space ends?
If no longer-term solution has been arranged, creditors may be able to resume enforcement action.
Need Further Support?
If you’re worried about bailiffs or think you may benefit from a Breathing Space, free and confidential help is available.
- Citizens Advice β Independent advice on Breathing Space, bailiffs and debt solutions.
- National Debtline β Free debt advice, including help understanding the Debt Respite Scheme.
- StepChange Debt Charity β Free debt advice and support to help you explore Breathing Space and other debt solutions.
- Samaritans β Confidential emotional support if debt or financial worries are affecting your wellbeing.
These organisations provide free support and are not affiliated with this website.