If you’re struggling with council tax arrears, you may be wondering how many times a bailiff can visit to try and recover payment or seize items to repay the debt.
However, there is no set number of times a bailiff can visit and they will usually return until they come to an agreement with you over how to pay the debt – whether that’s making full payment or creating a payment plan.
What is a bailiff?
If you’re expecting bailiff action, it’s important you know what a bailiff is and what they do. Put simply, a bailiff (or enforcement agent) is a legal officer authorised by the court to visit your home and collect unpaid debts.
They have the power to remove and sell your belongings to repay an outstanding debt on behalf of your creditor (the person or company you owe money to) and, in some cases, they can evict you from your home.
Some bailiffs work for the court while others are self-employed or work for private companies. Some also only collect certain debts, such as income tax, while others are authorised to collect all types of debt.
Are there different types of bailiffs?
There are several types of bailiffs that operate in the UK – the type of bailiff that visits you will depend on the type of debt you owe. We’ve outlined the two main types of bailiff you should know about below:
County Court bailiff
County Court bailiffs can be used to collect a wide range of debts (as long as they are less than £5,000) but are primarily hired to collect unpaid County Court Judgments (CCJs).
They have the power to seize and sell your belongings at auction to recover payment of the debt and are also authorised to evict you from a repossessed property.
High Court Enforcement Officer
High Court Enforcement Officers (HCEOs) usually deal with debts over £5,000 and tend to be hired by private companies.
They can deal with non-regulated debts, such as utility arrears, rent arrears, and business debts, but can’t carry out consumer debts like credit cards, overdrafts, and payday loans.
HCEOs can also enforce unpaid CCJs worth over £600.
Is council tax a priority debt?
If you fall behind on your council tax bills, it’s important to take action to address the problem as soon as possible as ignoring it will only make the situation worse and could lead to legal action.
Council tax is considered a ‘priority debt’, which means your local council has strong powers to make you pay and you should address it before any other debts, such as credit cards, personal loans, and overdrafts.
Even if you simply forgot to make a payment, you must make up for the money missed as soon as possible to avoid further action. The council will send you a letter asking you to pay as soon as seven days after the missed payment, which you must respond to if you want to avoid further action.
What happens if you don’t pay council tax?
It’s important to make up for any missed council tax payments before it’s escalated to legal action. Here is what’s likely to happen if you don’t pay council tax:
Reminder notice
If you miss a council tax payment, your local council will send you a letter in the post called a ‘reminder notice’ telling you to make up for the money owed within seven days.
Most local councils will send a maximum of two reminder notices in a year.
Second reminder notice
Failure to bring your account up to date or respond within seven days will mean you lose the right to pay your council tax in instalments.
This means that you’ll be asked to pay the outstanding balance for the full year within seven days (14 days from the first reminder notice).
Court summons
Before further action can be taken, your local council must apply for a court summons, which is an order for you to attend court.
The court summons will include information about where and when the court hearing will be held and how much you owe.
Liability order
If you receive a liability order, it means the court has the power to make you repay the debt.
This means that collection agencies can visit you, the court can order you to make payments as per their instructions, and payment can be taken from your wages.
“No fuss, just simple, honest advice. Communication is good and they make the process as easy as they can.”
How do bailiffs collect council tax?
If your debt has been passed on to bailiffs to collect, there is a certain process they usually follow. We’ve outlined each step in more detail below:
Enforcement notice
The first time you’ll be informed of bailiff action is when you’re sent an ‘enforcement notice’ or ‘notice of enforcement’ in the post.
This is a letter informing you that, unless you repay what you owe or make a payment arrangement, bailiffs will visit.
The enforcement notice must be sent at least seven days before they visit.
Bailiff visit
If you don’t repay the debt in full or agree on a repayment schedule within seven days, bailiffs will visit your home.
They will ask you to repay the debt in full or set up an arrangement where you make regular instalments towards your balance until it’s cleared.
They will also look for things they can seize and sell at auction to recover the money owed.
Controlled goods agreement
Most bailiffs will agree to let you keep all your belongings if you agree to make regular payments towards the debt. This is called a ‘controlled goods agreement’ and must be signed by both parties to be valid.
It’s important not to suggest an offer of payment you know you can’t afford. Even if you can only afford £25 a month, you shouldn’t suggest more if it would mean you fall behind on other essential costs, such as groceries, utility bills, and housing.
Before signing the agreement, you must ensure all the information listed is correct and up to date.
How many times can a bailiff visit for council tax?
There are no rules legally stating how many times a bailiff can visit to collect council tax, or any other type of debt, and they’ll usually continue visiting until they recover full payment or reach a payment agreement with you.
In some cases, bailiffs will resort to further legal action to encourage you to pay or return the warrant to the council, which leaves them free to try another form of enforcement action. They will usually do this if they have been unsuccessful in gaining entry to your home or seizing goods.
However, if you feel like a bailiff is harassing you by visiting or calling too often, you should complain to the bailiff company directly. If you’re not satisfied with the outcome of the complaint, you can escalate it to a financial organisation or third party.
Can bailiffs force entry to recover council tax arrears?
Generally, bailiffs collecting council tax arrears can only enter your home if you let them in. This means that they can’t force their way past you or break in through a locked door or window.
They also can’t enter if nobody is home or the only people home are under the age of 16 or are classed as vulnerable (e.g. due to a disability or mental health problem).
The only situations in which bailiffs are allowed to force entry are if they are recovering unpaid criminal fines, you’ve broken a controlled goods agreement, or they’ve gained peaceful entry on a previous visit.
Do councils ever write off council tax arrears?
Council tax is classed as a priority debt, which means there can be serious consequences for not paying it and most local councils will use the full extent of their power to recover the money owed as soon as possible.
If you can’t afford to repay your council tax, you must reach out to your local council as soon as possible (ideally before your first missed payment).
However, some local councils will agree to write off council tax arrears in rare situations under something called ‘discretionary relief.
This may happen if your home becomes inhabitable due to fire or flood damage, you can prove you have no money left after your essential living costs, or you have serious physical or mental health problems.
To apply for your council tax arrears to be written off, you must write to your local council and ask for ‘discretionary relief’.
They will likely ask to see a copy of your budget to prove that you can’t afford to pay what you owe and are required to review all applications.
Debt help tailored to you
From writing off a large portion of your debt, to readjusting your budget, we’ll find a solution that suits you.
What help is available if I can’t pay my council tax?
If you know you won’t be able to pay your council tax, it’s crucial that you take action before you miss your first payment. There are various options available depending on your circumstances and knowing what help is available can prevent you from falling into debt.
It’s also important to remember that each local council has it’s own payment reduction scheme so you must check what help is available at your local authority.
Fixed payment plan
If you’re struggling to afford your council tax, you should contact your local council and ask if you can spread your payments over 12 months instead of the usual 10 months, meaning you’re paying the same in the space of a year but making lower monthly payments each month.
Payment reduction
If you’re on a low income or on benefits, your council tax bill could be reduced or waived completely. The amount your council tax is reduced depends on your unique situation, including which local council you fall under, your household income, and whether you live alone or with other people.
Conclusion
If you’re struggling with council tax debt, it’s important to take action sooner rather than later. Most local councils are quick to recover any unpaid bills and will take legal action against you to ensure they’re repaid what they’re owed.
Even if you’ve not missed a payment, informing your local council of your financial struggles can help you come to an agreement over how to repay your council tax going forward.
They may let you spread your payments over a longer period or reduce your payments to make it more manageable for you.
Furthermore, there are various financial charities and organisations, such as Citizens Advice, available to provide free debt advice tailored to your unique circumstances.
The sooner you get help, the more likely you are to avoid being visited by enforcement agents.
