Skip to main content
Person meeting a debt adviser at a desk with paperwork, natural light, England.

Council Tax Breathing Space: How to Pause Enforcement for 60 Days

Written by Jess Gambo on . Posted in Council Tax, General News.

If you are struggling with council tax arrears and facing enforcement action, the Debt Respite Scheme — commonly known as Breathing Space — may give you exactly the pause you need. For up to 60 days, it stops enforcement agents, adds no new interest or charges, and protects you while you get proper debt advice. Here is everything you need to know about using it for council tax debt in 2026.

What Is the Breathing Space Scheme?

The Breathing Space scheme was introduced in May 2021 under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020. It is available to people in England and Wales who are struggling with personal debt and want time to access professional debt advice without creditors taking enforcement action against them.

There are two types of Breathing Space:

  • Standard Breathing Space: Lasts 60 days. Available to anyone with personal debt who is accessing debt advice through a registered debt adviser.
  • Mental Health Crisis Moratorium: Lasts for the duration of mental health crisis treatment plus 30 days. Available to people in mental health crisis treatment.

Council tax arrears are a qualifying debt for both types. That means if you owe council tax and enter Breathing Space, your council must pause enforcement action for the duration.

What Does Breathing Space Actually Stop?

Once Breathing Space is registered, your creditors — including your local council — must:

  • Pause all enforcement action, including bailiff visits
  • Stop contacting you directly about the debt
  • Not add new interest, fees, or charges to the debt during the moratorium period
  • Not apply for a liability order during the moratorium (if one is not already in place)
  • Not begin court proceedings related to the debt

Any enforcement agent (bailiff) action that was in progress must pause. This does not cancel the debt — it simply pauses enforcement while you get the help you need.

Who Qualifies for Standard Breathing Space?

To enter Standard Breathing Space, you must:

  • Be an individual (not a company or business)
  • Have at least one qualifying debt (council tax arrears qualify)
  • Not currently be in a debt relief order (DRO), individual voluntary arrangement (IVA), or bankrupt
  • Not have had a Breathing Space in the previous 12 months
  • Be accessing debt advice from a Financial Conduct Authority (FCA) authorised debt adviser or a local authority debt adviser

The 12-month restriction only applies to Standard Breathing Space, not to the Mental Health Crisis Moratorium.

How to Apply

You cannot apply for Breathing Space yourself directly. It must be applied for on your behalf by a registered debt adviser. This is deliberate — the scheme is designed to be accessed alongside professional debt advice, not as a standalone tool.

To get into Breathing Space for council tax debt:

  1. Contact a FCA-authorised debt adviser: This can be Citizens Advice, StepChange, National Debtline, Council Tax Advisors, or any other FCA-authorised debt advice organisation.
  2. Give them full details of your debts: Including all council tax arrears, any liability order references, and contact details for your council and any enforcement agency involved.
  3. The adviser registers the Breathing Space: They submit the application to the Insolvency Service, who maintain the register.
  4. Creditors are notified: Your council and any enforcement agency are legally required to pause action within one business day of being notified.

The process is free. There is no cost to you for either the debt advice or the Breathing Space registration itself.

What Happens During the 60 Days?

The 60-day period is intended to be used productively. While you are protected from enforcement, your debt adviser will work with you to:

  • Assess your full financial situation
  • Identify all available options — including payment plans, council tax reduction, debt management, or formal insolvency
  • Contact creditors on your behalf
  • Help you apply for any benefits or reliefs you may be missing

Your debt adviser will review your Breathing Space partway through the period to confirm you are still engaging with the process. If you stop engaging, the adviser can cancel the Breathing Space early.

What Happens When Breathing Space Ends?

When the 60 days expires, creditors are free to resume enforcement unless a debt solution has been put in place. This is why it is critical to use the time well. If your debt adviser has helped you agree a payment arrangement with the council, or you have entered a formal debt solution, enforcement should not resume.

If no solution has been reached and enforcement resumes, you will be in the same position as before — but with 60 days less debt (since no additional charges were added during the moratorium) and hopefully a clearer picture of your options.

The Mental Health Crisis Moratorium

If you are receiving mental health crisis treatment — whether as an inpatient, under a crisis team, or in a mental health crisis house — you may qualify for the longer moratorium. This is registered on your behalf by an Approved Mental Health Professional (AMHP) rather than a debt adviser, and it lasts for the duration of your treatment plus 30 days.

There is no 12-month restriction on this type, and it is specifically designed to prevent people in mental health crisis from being overwhelmed by debt enforcement at the most vulnerable point in their lives.

Can Breathing Space Stop a Bailiff Visit?

Yes. If enforcement agents have been instructed and you enter Breathing Space, they must pause their action from the moment they are notified. If a bailiff has already visited and taken control of goods, they cannot proceed with removal during the moratorium. However, if goods have already been removed and are awaiting sale, this is more complex — seek urgent advice.

Is Breathing Space Right for You?

Breathing Space is most valuable when:

  • You are facing imminent bailiff action and need time to negotiate
  • Your financial situation is complex and you need proper advice before committing to a repayment plan
  • You are overwhelmed and have not been able to engage with your council or enforcement agent
  • You believe you may qualify for council tax reduction or other reliefs that could reduce or eliminate the debt

It is not a long-term solution on its own — but as a breathing space to access the right advice, it can be transformative.

Getting Help

Council Tax Advisors can help you access Breathing Space quickly if you are facing enforcement action on council tax arrears. Contact us for free, confidential advice on whether you qualify and how to get the protection started today.

Other sources of free help:

  • Citizens Advice: Local and national advisers who can register Breathing Space
  • StepChange: Free online and telephone debt advice, Breathing Space registration available
  • National Debtline: 0808 808 4000

Key Points

  1. Breathing Space pauses council tax enforcement for up to 60 days
  2. It must be applied for by a registered debt adviser on your behalf
  3. Council tax arrears are a qualifying debt
  4. You cannot have had a Standard Breathing Space in the previous 12 months
  5. Use the 60 days to get proper debt advice and reach a lasting solution
  6. The Mental Health Crisis Moratorium lasts longer and has no 12-month restriction

Disclaimer: This article is for general information only and does not constitute legal or financial advice. Seek independent advice for your specific situation.