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Key takeaways
- Council tax arrears are a priority debt: councils can use strong enforcement powers
- Contact the council before you reach the summons or liability order stage
- Check for discounts, exemptions and Council Tax Reduction before agreeing a plan
- Keep paying your current bill while you clear the arrears
- Get free advice if council tax is one of several debts
Council tax arrears are one of the most common priority debts in the UK, and councils have strong powers to recover them. The good news is that councils will often agree a payment plan if you contact them early, and many people are paying more than they need to or are missing out on discounts and support. This guide explains how councils recover council tax in England and Wales, what you can do and where to find help. Scotland has a similar but separate system, with summary warrants and sheriff officers, and an adviser there can explain the differences.
Why council tax is a priority debt
Unlike many other debts, councils do not usually need a county court judgment to recover council tax. They can apply to a magistrates' court for a liability order and then use enforcement methods, including enforcement agents (bailiffs), deductions from wages or benefits, and in some cases charging orders. Because of this, council tax is treated as a priority debt: if money is short, it should be paid before credit cards, loans and overdrafts. See our guide to priority and non-priority debts.
The stages of recovery
- Reminder: If you miss an instalment, the council sends a reminder and expects payment within seven days.
- Final notice: If you miss another instalment, or do not catch up, you may lose the right to pay by instalments and be asked to pay the rest of the year's bill in full.
- Summons: If you still do not pay, the council applies to the magistrates' court, and adds costs to your bill.
- Liability order: The court makes an order confirming you owe the money. More costs are added.
- Enforcement: The council can use enforcement agents, ask your employer to deduct money from your earnings, ask the Department for Work and Pensions to deduct money from certain benefits, or in some cases apply for a charging order against your home. For large debts, bankruptcy proceedings may be possible.
What to do if you are behind
Act before the situation reaches the summons stage. Contact the council's council tax team, explain your circumstances and ask for a payment plan. Be ready to provide a budget showing what you can afford. Councils prefer to agree sustainable arrangements, and they often accept payments spread over a longer period or the remaining months of the year.
If you receive a summons, do not ignore it. You can still pay or agree a plan before the hearing, which reduces the costs added. If you attend the hearing, you can explain your circumstances to the court, although the magistrates are usually only deciding whether the tax is owed.
Check you are not paying too much
Many households overpay or miss out on help. Before you agree a plan, check whether you can reduce the bill.
- Single person discount: If only one adult lives in the property, you can claim a 25% discount.
- Council Tax Reduction: Also known as council tax support, this is available to people on low incomes or certain benefits. The rules vary by council.
- Exemptions and disregards: Full-time students, people with severe mental impairment and some others are exempt or disregarded, which can reduce or remove the bill.
- Banding: If you think your home is in the wrong council tax band, you can challenge it with the Valuation Office Agency. Check carefully before you do so, as bands can go up as well as down.
- Disabled band reduction: If your home has been adapted for a disabled person, you may qualify for a reduction.
Preparing for a court hearing
A summons does not mean you will necessarily have to attend, and many people settle before the hearing. If you do go, bring your summons, your budget and evidence of any payments or agreements. The magistrates will usually decide whether the tax is owed and, if it is, will make a liability order. They generally cannot reduce the bill or decide how much you can afford, so the best time to negotiate is with the council before the hearing. Costs are added at the summons and liability order stages, which can amount to a significant sum, so paying or agreeing a plan before then saves money.
Keeping the arrangement going
Once a payment plan is agreed, treat it as a priority. Set up a direct debit for the agreed date, and tell the council at once if your circumstances change. If you have a change in household, such as someone moving in or out, tell the council promptly, as it can change your bill or your eligibility for discounts. Keep copies of every agreement. If you fall behind on the plan, contact the council before the next instalment is due rather than waiting for a new reminder.
Council tax and other debts
If you owe other priority debts or have credit card and loan debts too, a free debt adviser can help you decide how to balance them. In some cases, a formal solution such as a Debt Relief Order, IVA or bankruptcy may include council tax arrears, but enforcement already under way may continue differently depending on the stage. Seek advice before choosing.
If you are in Breathing Space, creditors including councils must pause enforcement for the duration of the scheme, although you must continue to pay your current council tax.
Scotland and Northern Ireland
In Scotland, councils use a summary warrant, which has the effect of a court judgment, and sheriff officers to recover arrears. Council Tax Reduction is available. In Northern Ireland, domestic rates replace council tax and are collected by Land and Property Services. In both cases, the advice to contact the authority early and seek free advice still applies.
Frequently asked questions
Can the council take money from my wages or benefits?
Can I go to prison for not paying council tax?
Can the council send bailiffs straight away?
What if I dispute that I owe the council tax?
Sources and further reading
- Council Tax — GOV.UK
- Dealing with council tax arrears — Citizens Advice
- Dealing with debt — MoneyHelper
This page provides general information only. It is not personalised financial, legal or tax advice, and rules and figures can change. Your situation is unique — please check official sources such as GOV.UK and MoneyHelper, and speak to a qualified, FCA-authorised adviser before making important decisions about your money.
Written by
MoneyBrink Editorial Team — Editorial team
The MoneyBrink Editorial Team researches, writes and reviews every guide on this site. We work from official UK sources such as GOV.UK, the Financial Conduct Authority, MoneyHelper and the Money and Pensions Service, explain things in plain English, and update articles when the rules change. We do not sell financial products and we do not give personal advice.
Read how we research and check our guides in our editorial policy.
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