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Bailiffs

Council tax bailiffs at your door: what to do right now

Source: GOV.UK / Legislation.gov.ukRules in force since 6 April 20146 min read
£235
The fixed enforcement stage fee an agent can add when they visit your property, according to GOV.UK.

Why an enforcement agent may be at the door

If council tax has fallen behind, the council can apply to the magistrates' court for a liability order. Once granted, the council has several legal options, one of which is passing the debt to certified enforcement agents — often still called bailiffs. According to GOV.UK, enforcement agents must follow the rules set out in the Taking Control of Goods Regulations 2013 and the Taking Control of Goods (Fees) Regulations 2014.

Enforcement agents collecting council tax are usually at the enforcement stage, which means a written notice (the Notice of Enforcement) should already have been sent at least 7 clear days before any visit.

The immediate situation: what the rules allow

When agents can call

The regulations state that enforcement agents can only visit between 6am and 9pm, unless the business operates outside those hours. They must provide identification and the name of the enforcement company on request.

Entering the property

For council tax debts, enforcement agents cannot force entry on a first visit to a private home. They can only enter through a normal means of entry — usually an unlocked door. They are not permitted to enter through a window, climb over fences, or push past someone at the door.

PEACEFUL ENTRY ONLYAccording to GOV.UK, for council tax arrears enforcement agents may only enter a home peacefully through a door that is open or unlocked. They cannot force entry on a first visit.

Vulnerable people

The National Standards on Enforcement state that agents must withdraw if the only person present is a child under 16, or if there is no adult present. Additional care must be taken where someone in the household is considered vulnerable — for example, due to serious illness, disability, mental health issues, pregnancy, or recent bereavement.

The fees that can be added

The Taking Control of Goods (Fees) Regulations 2014 set fixed fees at each stage. These are the only fees an enforcement agent can lawfully add for council tax collection:

FIXED BY LAWThe fees above are set by statute. Enforcement agents cannot add their own additional charges on top of these fixed amounts.

Options that exist at the door

Not opening the door

There is no legal obligation to open the door. If the door stays closed and locked, and vehicles or goods outside are not visible or accessible, the agent generally cannot take control of goods on that visit. However, the debt remains and fees continue to apply.

Speaking through the door

Some people choose to communicate without opening the door — for example, asking the agent to put everything in writing or to leave details of the debt and the enforcement company. The agent should leave a notice if no contact is made.

Offering a payment arrangement

The enforcement company can agree a controlled goods agreement or a payment plan. If a realistic instalment offer is accepted, the agent will usually leave without taking goods. The agreement must be honoured — missing payments allows the agent to return, and in some cases force re-entry if a controlled goods agreement is in place.

Contacting the council directly

Once a debt is with enforcement agents, the council can — but does not have to — take it back. Some councils will accept a direct arrangement, particularly where vulnerability is involved. Contact details are on the council's website.

What enforcement agents are not allowed to do

Complaints about an enforcement agent's conduct can be made to the enforcement company in the first instance, then to the certifying court, or to the relevant trade body (such as CIVEA) as set out on GOV.UK.

If a complaint or pause is needed

Where there is a dispute about whether the debt is owed, or whether enforcement should continue, it is possible to apply to the court using a Form N244 to ask for the warrant to be suspended. Court fees apply, though fee remission may be available. The council should also be informed in writing of any dispute.

Free help is available

Council tax arrears are a priority debt because of the enforcement powers attached. Free, independent debt advice is available from registered charities, and these organisations can also help negotiate with councils and enforcement agents.

Free debt advice

Free, impartial debt advice is available from these organisations. You do not need to go through UK Debt Team — these services are free to use.

MoneyHelper Government-backed guidance StepChange Free debt charity Citizens Advice Local in-person help National Debtline Free phone and web advice

Sources

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