Stop asking for the old arrears, but keep invoicing the rent that falls due while the pause runs. If the tenant is in Breathing Space, the law makes that split for you: you must stop requesting payment of the arrears, stop enforcement and stop adding interest or fees, while ongoing rent stays payable. Keep the frozen arrears and the new rent on separate lines so you know exactly where things stand when the pause ends.
In this article
The short version
- During Breathing Space you must stop asking for the arrears it covers, stop enforcement, including possession notices on those arrears, and stop adding interest or fees.
- A standard Breathing Space lasts up to 60 days, while a mental health crisis one lasts for the crisis treatment plus 30 days.
- Ongoing rent stays payable, and in a standard Breathing Space the debt adviser may cancel it if the tenant stops paying.
- Freeze the arrears at the start date as their own balance, keep invoicing ongoing rent separately and stop any instalment plan set up against the old arrears.
- Pause automated reminders for that tenant alone, diary the review and end dates, and restart with a short statement of the arrears.
What you must stop during Breathing Space
Breathing Space is the government's debt respite scheme in England and Wales, and rent arrears are covered by it. From the date it starts, for the arrears built up before it started, you must stop:
- contacting the tenant to ask them to pay those arrears
- any enforcement or recovery action, including serving notice for possession on the grounds of those arrears
- adding interest, fees or charges, which includes the late rent interest a tenancy agreement allows.
A standard Breathing Space lasts up to 60 days, with a midway review between day 25 and day 35. A mental health crisis Breathing Space lasts as long as the tenant's crisis treatment plus 30 days, and it starts on evidence from an approved mental health professional.
You can still contact the tenant about anything other than the arrears, and you can talk to their debt adviser. Anything you do in breach is void, and you may have to pay the tenant's costs. If you think the Breathing Space treats you unfairly, you can ask for a review within 20 days.
How far to pause
You can pause only the arrears, or pause everything.
In a standard Breathing Space, ongoing rent is still due, and if the tenant stops paying it the debt adviser may cancel the Breathing Space. Carrying on with factual reminders about new rent, kept apart from any mention of the arrears, helps the tenant hold on to the protection. The risk is tone: a reminder that drifts into the old balance is contact you're not allowed to make.
In a mental health crisis Breathing Space, the tenant can't lose the protection for missing ongoing rent, though the rent is still owed. You may decide to pause all chasing here and deal with anything that falls due through the debt adviser.
Outside Breathing Space, a tenant may tell you about a bereavement, an illness or a job loss. No rule tells a private landlord how to respond, and the social housing pre-action protocol doesn't bind private landlords, but its approach is a sensible model: talk to the tenant early, give a clear rent statement, help with any benefit claim and agree something affordable before taking further steps.
How to keep the arrears accurate while you pause
- Record the start date, the type of Breathing Space and the debt adviser's contact details on the tenancy.
- Freeze the arrears at the start date as their own balance. Nothing gets added to it while the pause runs.
- Keep invoicing ongoing rent as normal, on its own invoices, so you can see straight away whether it's being paid.
- Stop any instalment plan or scheduled collection set up against the old arrears. A regular direct debit for current rent can carry on.
- Diary the midway review and the expected end date, and check with the adviser before restarting anything.
Say a tenant owes £1,140 when a standard Breathing Space starts on 1 October, and their £570 rent is due on the 15th of each month. The £1,140 stays fixed until the Breathing Space ends. The October and November rents are billed and tracked on their own, so if both are paid, you restart with exactly £1,140 owed and a clean record to share with the adviser.
How to pause chasing for one tenant
The weak point is automation. A reminder schedule set up months ago will keep sending, and a manual note on a spreadsheet doesn't stop it.
In Adfin you pause a tenant from their own customer page, choosing whether to stop reminders only or to stop direct debit collections as well, while their invoices stay open. The pause applies to that tenant alone. The arrears and the ongoing rent remain visible and reconciled with Xero or QuickBooks, so nobody loses track of what's owed while the tenant is left alone. Reminders by email, SMS and WhatsApp, and the AI Customer Agents that send them to rules you set, stay quiet for that tenant until you lift the pause. When the Breathing Space ends, restart with a short, clear statement of the arrears before any reminders resume.
Common questions
Does Breathing Space cover rent arrears? Yes. Rent arrears are among the debts it typically covers, and ongoing rent remains payable during a standard Breathing Space.
Can I contact a tenant who is in Breathing Space? Yes, about anything other than the arrears it covers, and you can speak to their debt adviser. You can't ask them to pay those arrears.
Can I charge late rent interest during Breathing Space? No. You can't add interest, fees or charges to the arrears it covers while it runs.
How long does Breathing Space last? A standard Breathing Space lasts up to 60 days. A mental health crisis Breathing Space lasts as long as the crisis treatment plus 30 days.
Can I serve a possession notice during Breathing Space? Not on the grounds of rent arrears that built up before it started. Other grounds aren't blocked by the scheme.
What happens if the tenant stops paying ongoing rent? In a standard Breathing Space the debt adviser may cancel it. That doesn't apply in a mental health crisis Breathing Space.
Sources
- GOV.UK - Debt Respite Scheme (Breathing Space) guidance for creditors (accurate as of October 2026) https://www.gov.uk/government/publications/debt-respite-scheme-breathing-space-guidance/debt-respite-scheme-breathing-space-guidance-for-creditors
- GOV.UK - Fees you can charge as part of a tenancy (accurate as of October 2026) https://www.gov.uk/guidance/fees-you-can-charge-as-part-of-a-tenancy
- Ministry of Justice - Pre-Action Protocol for Possession Claims by Social Landlords (accurate as of October 2026) https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/pre-action-protocol-for-possession-claims-by-social-landlords
- Adfin - Credit control (accurate as of October 2026) https://adfin.com/credit-control
