Breathing Space and Section 8 proceedings: what landlords need to know

If you are dealing with rent arrears, a tenant may tell you they have entered Breathing Space.

For most landlords, this leads to one key question:

Does Breathing Space stop a Section 8 claim?

The short answer is yes, but only temporarily.

This guide explains what Breathing Space is, how it affects Section 8 proceedings, and what landlords should do next.

What is Breathing Space?

Breathing Space is a government-backed debt relief scheme.
It is designed to help people who are struggling with debt.

There are two types:

• Standard Breathing Space;  lasts 60 days

• Mental Health Crisis Breathing Space; lasts for the length of treatment

While Breathing Space is active, some legal action must pause.

Does Breathing Space apply to rent arrears?

Yes.

Rent arrears count as a qualifying debt.
This means they are covered by Breathing Space.

For landlords, this can cause serious delays.

What happens to Section 8 proceedings?

If Breathing Space is active and your Section 8 claim is based on rent arrears:

• You cannot start new court proceedings

• Existing Section 8 claims must pause

• The court cannot make a possession order for arrears

• Bailiff enforcement must stop

This applies even if:

• The arrears are high

• No rent has been paid for months

• You are relying on mandatory Ground 8

Can a Section 8 notice still be served?

This depends on timing.

If Breathing Space starts before service, you should not serve a Section 8 notice for arrears.

If the notice was served before Breathing Space began, it remains valid.

Court action must still pause until Breathing Space ends.

Important: Breathing Space does not wipe out arrears

This is often misunderstood.

Rent still falls due.
Arrears continue to build.
Breathing Space is not debt forgiveness.

Once it ends, landlords can act again.

What happens when Breathing Space ends?

When the protection period finishes:

• Section 8 proceedings can continue

• New claims can be issued

• Ground 8 can be used again if arrears still qualify

This is why planning ahead matters.

Can Breathing Space be challenged?

Yes, but only in limited cases.

A challenge may be possible if:

• The tenant is not eligible

• The debt is wrongly included

• The process is being abused

Challenges must be done quickly and correctly.
Legal advice is essential.

Common landlord mistakes

Landlords often lose time and money by:

• Thinking the tenancy is protected forever

• Cancelling valid notices unnecessarily

• Waiting too long after Breathing Space ends

• Following poor online advice

These mistakes can delay possession by months.

The wider impact on landlords

With growing tenant protections, court delays, and upcoming law changes, Breathing Space is another hurdle landlords must manage.

Handled properly, it causes delay only.
Handled badly, it can damage your claim.

How Solicitors for Landlords can help

At Solicitors for Landlords, we focus on clear, practical advice:

• Confirming whether Breathing Space applies

• Planning Section 8 claims properly

• Challenging misuse where appropriate

• Acting fast when protection ends

We protect landlords by using the law strategically.

Need advice on a Section 8 case?

If your tenant has entered Breathing Space and you are unsure what to do next, get advice early.

Delays cost money.
Strategy protects your position.

Speak to Solicitors for Landlords. Experts in possession, rent arrears, and landlord protection.