The Bailiff and Your Rights (FAQ)

Why are bailiffs involved in collecting council tax?

If you have not made a suitable payment arrangement, provided employment details (for an attachment of earnings) or confirmed entitlement to state benefits (for an attachment to Income Support or Jobseekers Allowance) then the council has the power, under a liability order, to use bailiffs to collect any amount of Council Tax due.

This will add more to the costs you have to pay.

What do the bailiffs do?

The bailiffs recover the debt you owe by removing and selling your goods. They can remove goods up to the value of the money you owe, plus their own costs. The goods will then be sold at public auction. Removal or sale of your goods may be avoided by either making payment in full or agreeing payment via a short-term arrangement with the bailiffs. If you ask, the bailiffs must provide you with a receipt for any monies paid to them or to the bailiff's office.

Can the bailiffs force entry?

Bailiffs are not allowed to break open a door but may enter your property if a door is open, or if it is closed and can be opened without using force. They can also enter through an open window. When the bailiffs are inside your property, they can force any internal locked doors.

What goods can the bailiffs take?

The bailiff is allowed to remove any of your goods, other than those required to meet your family's and your own basic domestic needs i.e. clothing and bedding, or those goods such as tools, required personally by you in your employment.

How can I stop the bailiffs taking goods?

You can keep your goods in your property if you have done one of the following:

• Signed a Close Possession agreement for the bailiff to stay in your property until you have paid your debt or the goods are removed for sale;
• Signed a Walking Possession agreement that impounds the goods so the bailiff can leave and return at a later date if you do not pay the debt.

Before making an arrangement to pay the outstanding debt, the bailiff will normally impound your goods and ask you to sign a Walking Possession agreement to hand over the goods if you do not pay.  If the bailiff does return to remove the goods, you do not have to be present.

The bailiff will come to your home with a removal van and remove furniture and belongings (including vehicles) to the value of the outstanding debt plus charges.  These will then be put in secure storage prior to being sold at 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, we will either commence bankruptcy, liquidation, charging order or commital to prison proceedings.

How can I complain?