Scotland's debt protections are not the same as the Breathing Space scheme used elsewhere. A moratorium on diligence affects enforcement and must be checked against the proposed action.
Establish what protection exists
- Identify the person, register entry and type of debt process. Record the start and end information.
- Check whether a debt payment programme, trust deed, bankruptcy or another arrangement is involved.
- Obtain advice if the notification is unclear or the debt is disputed.
Check the proposed action
- A moratorium on diligence restricts enforcement of payment. Do not instruct enforcement simply because a payment order exists.
- Ask the adviser to distinguish contact, an application for an order, diligence and possession issues.
- Inform any sheriff officer or other professional already instructed and keep confirmation of the action taken.
Keep records current
- Continue recording rent and receipts accurately without adding unsupported charges.
- Review the position when the moratorium ends or another debt process begins.
- Keep repair and safety responsibilities separate from the recovery dispute.
Example: a payment order is ready to enforce
A fictional landlord obtains a payment order and then learns of a moratorium. Before instructing diligence, verify the protection and get advice on the permitted next step. The existence of the order does not remove enforcement restrictions.
What to do
- Check the relevant official register and dates.
- Give the notice to any solicitor or enforcement professional handling the debt.
- Separate rent accounting, obtaining an order and enforcing it.
Evidence to keep
- Register result or notification and relevant dates.
- Advice on permitted action, court or tribunal records and receipts.
Sources and guidance
- Moratorium on diligence: creditor guidanceAccountant in Bankruptcy · checked 20 October 2026
- Eviction and civil proceedings: questions and answersHousing and Property Chamber · checked 20 October 2026