Council tax and fines · 5 min read
Council tax liability order: what it means and how to stop bailiffs
A council tax liability order lets the council use bailiffs, deductions from wages or benefits and other enforcement. What it means, what happens next and how to stop it escalating.
- Fact-checked
- Against official sources
- Last updated
- Next review due
- April 2027
- Applies to
- England and Wales
- Sources
- 3 listed on this page
Independent guidance, not a government service. This page is general information about the law in England and Wales, not financial or legal advice. Debt solutions have fees, risks and consequences. For free, impartial advice, contact MoneyHelper or a debt charity.
The short answer
A liability order is a court order from the magistrates’ court confirming that you owe council tax. It gives the council powers to recover the debt, including bailiffs, deductions from your wages or benefits, and in some cases a charging order or bankruptcy. It isn’t a criminal conviction and doesn’t go on your credit file, but you should act quickly to agree a plan and stop fees being added.
What a liability order means
When you fall behind with council tax and don’t respond to reminders, the council can summons you to the magistrates’ court. The court grants a liability order if it’s satisfied that the council tax is owed and hasn’t been paid. Read council tax summons: what to do.
A liability order:
- confirms the amount owed, including court costs
- lets the council choose how to collect it
- requires you to give the council information about your income and employment if asked – failing to reply without a good reason can be an offence
What the council can do next
| Method | How it works |
|---|---|
| Bailiffs (enforcement agents) | The debt is passed to an enforcement company. Fees are added, starting at £79. |
| Attachment of earnings | Your employer takes a set percentage of your wages. See council tax attachment of earnings. |
| Deductions from benefits | The DWP takes a fixed amount from certain benefits. See council tax deductions from benefits. |
| Charging order | A charge secured on your home, for larger debts. |
| Bankruptcy | Possible for debts of £5,000 or more, but councils should treat it as a last resort. |
| Committal to prison | England only and rare, for wilful refusal or culpable neglect. See can you go to prison for council tax? |
Councils can also choose not to use bailiffs if you agree and keep to a payment arrangement. That’s usually the best outcome for everyone.
How to stop bailiffs after a liability order
- Contact the council straight away. Explain your situation and offer an affordable payment plan with a short budget.
- Ask for deductions instead of bailiffs, if you work or receive benefits. This avoids bailiff fees entirely.
- If the debt is already with bailiffs, act during the notice period. For cases passed to bailiffs from 1 May 2026, you’ll have at least 14 clear days after the Notice of Enforcement. See Notice of Enforcement explained.
- If you’re vulnerable, ask the council to keep the debt away from bailiffs or recall it. See bailiffs and vulnerable people.
- Get advice about Breathing Space or a formal solution like a DRO, both of which can include council tax arrears.
Can a liability order be cancelled?
A liability order can sometimes be set aside by the magistrates’ court if it was made wrongly – for example if you weren’t liable, had already paid, or the council made a serious mistake. You need to act promptly and usually ask the council to agree to an application. Get advice if you think this applies.
Time limits
Councils generally have six years from when the council tax fell due to start court action for a liability order. Once they have one, they can keep using enforcement options. Read how long can bailiffs chase a debt?
Frequently asked questions
Does a council tax liability order affect my credit rating?
No. A liability order isn’t registered on your credit file like a county court judgment.
Can I pay the council directly after a liability order?
Yes. The council can agree a plan with you directly, as long as the debt hasn’t already been passed to bailiffs. If it has, you can still ask the council to recall it.
Is a liability order a criminal record?
No. It’s a civil court order about a debt, not a criminal conviction.
Do I have to fill in the information form?
Yes. If the council asks for details of your income and employer after a liability order, you must reply. Failing to do so can be an offence.
Sources
How we wrote this article
- Research: written from primary sources such as legislation.gov.uk, GOV.UK and the Insolvency Service, then fact-checked by a second member of our team. The sources are listed above.
- Checked: last checked on . Next review due April 2027, or sooner if the rules change.
- Scope: applies to England and Wales. If you live in Scotland or Northern Ireland, read our Scotland and Northern Ireland guide. It is general information, not personal advice.
- Independence: we are not a government website or service, and we are not connected to any council, court or enforcement company.
- Money: we may receive a fee if we introduce you to a debt advice firm. This doesn't change what we write. How we're paid.
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