What breathing space does — moratorium on landlord action
During breathing space the landlord cannot: demand or pursue rent arrears; send debt collection letters; serve Section 8 on arrears grounds (8, 8a, 10, 11) — any such notice is void; charge interest, fees, or penalties on the arrears debt; or take enforcement action (bailiffs; enforcement of CCJs). Existing court proceedings on arrears grounds are stayed for the duration. The moratorium applies to arrears accrued before and during the breathing space period.
What the landlord can still do during breathing space
The landlord CAN serve Section 8 on non-arrears grounds (Ground 14 anti-social behaviour; Ground 12 covenant breach; Ground 1 own occupation) during breathing space. Current rent continues to fall due — the tenant remains obligated to pay. New arrears accruing during the moratorium are recoverable after it ends. Property maintenance and inspection obligations continue. The landlord can apply to the Insolvency Service to cancel breathing space on grounds of unfair prejudice.
Mental health crisis moratorium — key differences
A mental health crisis moratorium lasts the duration of NHS mental health crisis treatment plus 30 days — no maximum. Only one available (unlike standard; no second moratorium). Reviewed by a nominated mental health professional at least every 12 months. Landlord can apply for review to verify ongoing treatment but grounds for cancellation are more limited than for standard breathing space. Practical strategy: document all arrears; serve non-arrears grounds where available; engage social services for housing support options.
Post-moratorium recovery and interaction with UC direct payments
When breathing space ends, all enforcement rights are restored. Serve Section 8 arrears notice promptly. If arrears exceed 2 months, Ground 8 (mandatory) applies; if persistent arrears (3+ episodes in 36 months), Ground 8a (mandatory; not defeated by clearing arrears) also applies. Consider money judgment application alongside possession. Universal Credit: breathing space may affect willingness of local authority to divert UC housing cost elements to landlord during the moratorium — resume alternative payment arrangement request after moratorium ends.