The bailiff and your rights
Council tax fact sheet
Why are bailiffs involved in collecting council tax?
By law, we must send a council tax bill to a responsible person at every property. If you do not pay us we will send you a reminder notice. If you still don't pay, we will apply to the magistrates' court for a summons to be issued. At the court hearing, we will ask the magistrate to grant a liability order against you for the amount you owe us, including costs. The liability order gives us the legal authority to get back the money you owe. We can use bailiffs, attachment of earnings or take money from certain state benefits.
We will use bailiffs if you do not:
- agree a payment arrangement;
- supply employment details; or
- receive state benefits.
This will add more costs to the amount you have to pay.
What do the bailiffs do?
The bailiffs get back the debt you owe by taking and selling your goods. The bailiffs will normally send you a letter asking you to pay the money you owe immediately. If you do not respond to their letter, the bailiffs will visit your property to take your goods. They can take goods up to the value of the money you owe, including their costs. The goods will then be sold at public auction. If you ask, the bailiffs must give you a receipt for all the money you give them or the bailiff's office.
Can the bailiffs force entry?
The bailiffs have the right to come into your property to remove goods as long as they do not use force to get in. The bailiffs are not allowed to break open a door but may go in if a door is open or closed and can be opened without using force. They can also go in through an open window. Once the bailiffs have got into a property, they can force doors inside that are locked.
What goods can the bailiffs take?
The bailiffs can take any goods that you own. If you pay your debt, including all costs, before any goods are taken or sold, the seizure or sale will be stopped.
Taking goods
You can keep your goods in your property if you do one of the following things.
- Sign an agreement for the bailiff to stay in the property until you have paid your debt or the goods are removed to be sold.
- Sign an agreement that holds the goods so the bailiff can leave and return at a later date if you do not pay the debt as agreed.
If the bailiff does return to remove the goods, you do not have to be there. Before making a payment arrangement, the bailiff will normally hold the goods and ask you to sign an agreement to hand over the goods if you do not pay.
What happens to goods that are taken?
Bailiffs will come to your home with a removal van and remove any of your furniture or belongings (these can include cars and bikes). They will put them in secure storage before they are sold at a public auction.
What happens if the bailiff cannot collect the council tax?
If the bailiff cannot collect the council tax and there are not enough goods to remove, they will tell us and the magistrates' court so that we can issue a committal summons. This means that you must go to court if there is an enquiry into your financial circumstances and behaviour. If you do not go to court, you will be arrested and brought before the court. We will then apply for you to go to prison and if you are found guilty, you could face a prison sentence of up to 90 days.
What to do if you want to make a complaint
If you don't think that the bailiffs have followed the above process, you should contact us.
Advice agencies
You should get independent advice if the bailiffs are involved. If you would like free, confidential and independent advice, you can contact one of the free advice agencies shown below.
Shepherds Bush Advice Centre
338 Uxbridge Road W12
Phone: 020 8753 5910
email: sbac@lbhf.gov.uk
Age Concern (home visits available)
105 Greyhound Road
Phone: 020 7386 9085
email: info@achf.org.uk
Fulham Citizens' Advice Bureau
1 Mund Street W14
Phone: 020 7385 1322
email: enquiries@fulhamcab.org.uk
Money Advice
Unit 1 Mund Street W14
Phone: 020 7610 3008
email: edean@fulhamcab.org.uk
You can contact us:
- by phone on 020 8600 7777;
- by fax on 020 8753 1578;
- by typetalk on 0800 95 95 98; or
- by email at localtaxation@lbhf.gov.uk
