Can tenants legally extend eviction delays with mental health breathing space?
2 years ago | 11 comments
Government defends Breathing Space scheme amid landlord concerns
9:42 AM, 24th July 2026, 3 weeks ago
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The government claims the Breathing Space Scheme offers several safeguards to help landlords.
Introduced during the COVID pandemic, the standard scheme offers tenants protection from enforcement action, including eviction, for up to 60 days.
The Mental Health Breathing Space Scheme extends protection for tenants receiving mental health crisis treatment, plus an additional 30 days after treatment ends.
Impact on landlords
In a written parliamentary question, Liberal Democrat MP Joshua Reynolds asked the government about the impact of the “safeguards within the Debt Respite Scheme (Breathing Space) available to creditors, including private landlords, whose debts are subject to a moratorium”.
In response, economic secretary to the Treasury, Rachel Blake, said: “The Breathing Space Scheme was established to support those in problem debt engage with professional debt advice, or to receive crisis treatment for a mental health condition, by providing temporary protections from creditor enforcement action.
“The government recognises that these protections have an impact on creditors, including private landlords, and the scheme therefore includes a number of safeguards to protect creditor rights.
“Creditors may request that a debt adviser reviews a breathing space if they consider that an individual debtor or specific debt does not qualify for the scheme. Creditors also have the right to apply to a court at any time for permission to take enforcement action in relation to a debt included in a breathing space.
“The government keeps the operation of the scheme under review to ensure it is operating effectively.”
Not a payment holiday
On its website, Shelter says the scheme is not the same as a payment holiday and people should continue to pay as much rent as they can.
The government says debtors can only access a breathing space by seeking debt advice from a debt adviser. Anyone who cannot, or is unlikely to be able to, repay their debts can apply to a debt adviser for a standard breathing space.
A breathing space begins the day after the debtor’s details are added to the breathing space register. During this period, the person must work with the debt adviser to find a long-term debt solution and report any changes in their circumstances. The adviser will review the situation after 30 days.
Tags:
breathing space eviction, breathing space scheme, eviction protections, mental health breathing space, Shelter
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Member Since April 2024 - Comments: 26
10:18 AM, 24th July 2026, About 3 weeks ago
Another group of risky tenants that landlords will be picky about accepting if they are made aware of issues prior.
Government aren’t helping tenants these days.
I’ve turned prospective tenants away when my old tenant moved out to a bigger house and these are tenants I would have 100% accepted prior to rrb and the extra meddling from Government,
I have a tenant in my other house that in the same circumstances currently I wouldn’t have touch with a barge pole if I was starting again and she’s been great but the risk is to high now.
Each meddle, each restriction on a landlord makes me extra diligent on who they take and I found potential good tenants were being turned away by me because either held out over and over again several rounds of viewings till I got someone that ticked all the low risk factors and no known high risk factors.
It’s not an exact science but you do your best but preventing landlords from dealing with an issue with a certain group of tenants will just make them less likely to accept them as tenants 🤷♀️
Member Since May 2015 - Comments: 2285 - Articles: 2
12:28 PM, 24th July 2026, About 3 weeks ago
A breathing space order is just two months worth of rent avoidance. The good news for landlords is that any tenant who is evicted leaves with a debt which should ensure that no other landlord will accept him and the council has no obligation to home him. Welcome to life on the streets.
Member Since July 2024 - Comments: 127
2:15 AM, 25th July 2026, About 3 weeks ago
I agree with the two above comments. Landlords should be given breathing space on mortgage payments with no penalties. I now state to tenants applying for rooms that due to Government restrictions we can only accept tenants who pass all credit, reference, right to rent and live in the UK. Plus they need to earn a minimum of “X” to pass all this or our hands are tied. So I put the blame clearly back onto the Government where it belongs. The hint being, get a job, keep the job, prove your earnings, get good references .
Member Since January 2025 - Comments: 7
2:31 PM, 25th July 2026, About 3 weeks ago
Since rra i will absolutely scrutinise any potential tenant amd 99% sinply will not meet the now higher affordability needed. I certainly wouldnt now rent to two tenants i have now (first time renters) too risky, but they are fantastic tenants so a real shame. Meddle with things and landlords become cautious and picky.