If you fall behind on your council tax payments, bailiffs might visit your home and ask you to pay what you owe.
They might also seize your belongings and sell them at auction to help them recover the debt.
The thought of bailiffs knocking on your door can be daunting, and it’s normal to worry about what might happen to you, your family, or your home.
However, it’s important to note that you do have rights.
What is council tax?
Before delving into how to deal with council tax bailiffs, it’s important you know exactly what council tax is and how it works.
Put simply, council tax is a tax on domestic property that is collected by local councils (or local authorities).
It’s used to fund a variety of local services, such as rubbish collection, street lighting, and road maintenance.
The amount you’ll pay depends on the valuation band your home falls into – this is based on the value of your home at a specific point in time.
England and Scotland have eight council tax bands, ranging from A (the cheapest) to H (the most expensive).
Wales has nine, ranging from A (the cheapest) to I (the most expensive). It’s usually charged in ten monthly instalments followed by two months of non-payment.
However, the rules surrounding council tax can be quite complex. For example, you might be eligible for a council tax reduction or exemption if you meet certain criteria.
It might also be possible to challenge the council tax band you’ve been placed in if you disagree with what you’re being charged.
“No fuss, just simple, honest advice. Communication is good and they make the process as easy as they can.”
What is a bailiff?
If you’re facing enforcement action, it’s important you know what a bailiff is and what their main duties are. In simple terms, a bailiff (or enforcement agent) is an officer of the court responsible for enforcing certain legal processes, such as collecting debts on behalf of the people you owe (creditors).
There are several types of bailiff, such as a civilian enforcement officer, high court enforcement officer, county court bailiff, and family court bailiff.
Most local councils use private bailiffs or county court bailiffs to collect council tax.
Bailiffs have certain rules they must follow during the debt recovery process. This is to protect your rights and prevent you from being exploited during what is already a stressful time.
For example, they must give you sufficient notice before they visit you and can only seize certain items.
Generally, bailiffs must send you notice of their visit at least seven days in advance and can only visit you between the hours of 6am and 9pm (unless they have a court warrant stating otherwise).
They also can’t recover any items you need to maintain a reasonable standard of living, such as furniture or clothing.
Because council tax is a priority debt, there can be serious consequences for not paying it. This means that you should expect bailiffs as soon as the notice period expires and seven days have elapsed.
What happens if I don’t pay council tax?
If you fail to keep up with your council tax payments, your local council will usually follow a certain set of steps to help them recover the money owed.
Here is what you should expect when you ignore council tax:
First payment reminder
If you miss a council tax payment, your local authority will usually send you a payment reminder around a week later asking you to make up for the money owed within seven days.
The reminder will outline how much you’ll need to pay to bring your account back up to date.
If you make up for the money owed within seven days, nothing else will happen and your council tax payments will resume as normal.
If you fail to make up for the money owed or come to an agreement over how to repay the debt before the deadline, however, further action will be taken.
Second payment reminder
If you pay the first payment reminder but end up missing another payment and falling into arrears again, you’ll be issued a second payment reminder.
This will be the final payment reminder you’ll receive during the council tax year.
The next stage after ignoring two payment reminders is being issued with a final notice.
Final notice
The third missed payment will lead to a final notice and you’ll lose the right to pay in instalments.
This means that you won’t just be asked to make up for the payments you’ve missed, but the entire year’s council tax within seven days.
If you continue to miss more payments after this, you’ll be subject to further legal action.
Liability order
If you still don’t make up for the missed payments after three payment reminders, your local council will apply to the court for a liability order. This is essentially a summons to attend court.
The liability order will tell you how much you owe and when your court hearing will be. Because you’ve let your debt escalate to this stage, you’ll also need to pay a court fee, which will be added to your outstanding balance. However, if you come to an agreement or pay the full amount (council tax arrears plus the court fee) before your hearing date, you won’t need to attend court.
Enforcement action
The liability order will give your local council permission to take further recovery action.
This can include deducting the money directly from your wages or charging the debt to your home but in most cases, the first thing they will do is instruct bailiffs to visit you.
Remember, bailiffs should never just turn up unannounced – you should always receive several payment reminders and written notice before bailiffs visit you.
How much debt do you have?
How should you deal with council tax bailiffs?
If you’re expecting bailiff action due to having unpaid council tax bills, it’s important to know how to deal with them beforehand.
We’ve outlined what you can and can’t do when bailiffs visit below:
Ask them to verify their identity
The first thing you must do when a bailiff visits you is ask them to verify their identity. It’s rare that someone will pretend to be a bailiff in an attempt to gain access to your home and take money from you, but it does happen.
Most bailiffs carry an ID card, badge, and enforcement agent certificate on them at all times. These items can be handed over in person or passed through a letterbox or window.
Don’t let them in if you don’t want to
When bailiffs visit you for the first time, you don’t have to let them in and can talk to them through the door if you prefer.
They will usually leave if they can’t gain entry, but they will return at a later date if they’ve been unsuccessful in collecting payment or coming to an agreement with you over how to pay the debt.
They also can’t force their way into your home and must enter peacefully through your front or back door.
The only time they can force entry into your home is to collect unpaid criminal fines or income tax or if they’re returning after a previous visit.
Ask for a breakdown of the debt
If you’re being asked to repay a significant amount of money, it’s always worth checking that you’re paying the right amount and paying the right person – especially if you don’t know how much your balance has accumulated or who you owe.
By asking for a breakdown of the debt, you can confirm that you owe every penny you’re being asked to pay.
Always pay what you can
Even if you can’t afford to repay the debt in full, it’s always recommended to hand over as much as you can to a bailiff.
They might agree to leave and arrange to come back at a later date to collect the rest of the money if you can repay a certain amount.
It is up to the bailiff whether they accept your offer of payment. They might also let you set up a payment plan where you make regular instalments towards your outstanding balance until the debt is cleared.
What can bailiffs take?
When bailiffs visit you to collect council tax arrears, they might agree to let you make regular instalments if they can make a list of items they can potentially return for and sell if you don’t stick to your end of the deal.
This is known as a ‘controlled goods agreement’ and is designed to protect both parties during the debt recovery process.
However, bailiffs are only allowed to remove certain items from your home and must leave you with things you need to maintain a reasonable standard of living.
In most instances, bailiffs will look for high-value assets, such as vehicles, electricals, televisions, game consoles, and jewellery.
They can’t take beds, bedding, white goods (e.g. washing machine, microwave, fridge, or freezer), tables and chairs (if it would leave anyone in the household short), medicine or medical equipment, phones or mobile phones, pets or guide dogs, mobility vehicles, equipment you need for work or study up to a value of £1,350, and items that belong to other people.
I can’t afford my council tax. What should I do?
If you can’t afford your council tax bill, the most important thing to remember is not to panic as you do have options.
Because council tax is a priority debt, you must seek help as soon as possible if you’re struggling to afford your repayments (your options will be limited if you want until after your first missed payment).
First, contact your local council and explain that you’re finding it difficult to afford your council tax payments. They might suggest one of the following options:
Flexible payment plan
The first thing your local council is likely to do is recommend a flexible payment plan.
For example, they might allow you to spread your payments over 12 months instead of 10 months.
This will mean you still pay the same amount over the year but the amount you’ll pay each month will be slightly reduced.
Payment reduction
If you’re on benefits or a low income, you might qualify for a council tax reduction.
Once you’ve applied for a reduction, your local council will review your circumstances and decide whether you’re eligible.
They will look at where you live, your household income, and whether you have any dependents.
Payment discount
In the UK, you don’t have to pay as much council tax if you live alone or are the only adult in the household.
There is an application form you must submit to your local council before you can benefit from a single-person discount.
Payment exemption
If everyone in your household is a full-time student (enrolled on a course that lasts at least a year and requires a minimum of 21 hours of study per week), you won’t have to pay council tax.
However, you’ll need to apply to your local council for the exemption as it’s not granted automatically.
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.
How do I complain about the way a bailiff has treated me?
If you believe a bailiff has treated you unfairly or hasn’t followed the correct procedure when visiting you to collect a debt, you have a right to make a complaint.
Before complaining, you must familiarise yourself with the rules bailiffs should follow when enforcing a debt.
There are additional rules bailiffs must follow if you’re disabled or seriously ill, suffer from a mental health problem, have children or are pregnant, or are under 18 or over 65.
Generally, you should complain if bailiffs do any of the following:
- Enter your home when they shouldn’t or intentionally lie to gain access
- Remove or threaten to remove items they shouldn’t
- Refuse a reasonable payment offer or pressure you into paying more than you can afford
- Fail to give sufficient notice of their visit
- Use threatening, intimidating, or offensive language
- Repeatedly contact you
- Don’t provide the proper paperwork before visiting you
- Continue to contact you after you’ve proved you don’t owe the debt
- Discriminate you based on race, religion, gender, sexuality, age, or disability
Usually, it’s best to complain directly to the person you owe as well as the bailiff company.
This can increase the chances of your complaint being successful and might help you down the line if a dispute arises.
Conclusion
Being told that bailiffs are visiting you to recover council tax debt can be stressful, but you do have options.
By familiarising yourself with your rights ahead of time, you can handle the debt recovery process with ease and identify when you’re being mistreated.
When council tax bailiffs visit you for the first time, you don’t have to let them in and can talk to them through a door or letterbox if you prefer.
It’s also important to ask for proof of identity and a breakdown of the debt.
If you’re struggling to afford your council tax payments, always aim to seek expert help and advice before you miss your first payment.
Most local councils will be willing to come to an agreement with you before taking you to court.
