What recovery action means

Recovery is the legal process we follow to collect the council tax you owe us. We can start this process after we have sent you reminders or a final notice. A liability order is then granted by a magistrates' court. This gives the us the legal power to collect the money you owe us through various enforcement methods. 

Enforcement agencies

Once a liability order is granted, the council can use a range of actions to recover the debt.
The debt can be passed to enforcement agents who may visit your home. Enforcement agents are also called bailiffs. Once enforcement agents receive arrears which have a liability order, they will contact you and ask you:

• for payment in full, or
• to set up a repayment plan.

If you make a payment arrangement which you keep to, or pay the full council tax arrears in the 14 day pre-compliance stage, you will not be charged any enforcement agent fees. If you do not respond, you will be charged £79 per liability order. You will be charged a further £247 at least if the agent has to visit. These costs will be added to what you already owe.

The enforcement agents can take goods (your personal belongings) which can be sold to recover the debt. There are additional fees for this process. These costs will be added to what you already owe.

If you feel vulnerable when contacted

If you have problems or specific needs that make dealing with debt difficult, you might feel vulnerable when an enforcement agent contacts you. You should tell them straight away that you are vulnerable.

Enforcement agencies have staff who are trained to spot if you need extra help. Once they confirm you are vulnerable, they will adapt the way they work with you. They will:

• take time to understand your situation
• try hard not to upset or harm you
• pause what they are doing if you need time to get advice or support
• help you agree on a payment plan that you can afford.

The enforcement agents who work for East Riding of Yorkshire Council follow strict professional rules. They are members of the Civil Enforcement Association (CIVEA). CIVEA has a strict code of practice that is checked by independent experts.

All our agents have a court certificate and special training to make sure they act professionally and fairly. They must always carry their identity card a letter of authority from the council when they visit.

Current recovery fees

We cannot help you with payment discussions with the enforcement agents. You will need to speak to the enforcement agents yourself. You can request a repayment plan but it is up to the enforcement agents whether they accept it or not.

The law (the Tribunals, Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations 2013, as amended in 2026) allows an enforcement agent, working with the council, to visit your home if you do not pay. They are allowed to enter your home to look for goods they can take to cover the debt:

• Paragraph 14(1) states “An enforcement agent may enter relevant premises to search for and take control of goods.”

Collecting your debt from wages or benefits

An ‘attachment order’ means that a request will be sent to:

• your employer, if you are in work, or
• to the Department for Work and Pensions (DWP), if you get the following benefits:
  • Universal Credit
  • Employment and Support Allowance.

An Attachment of Earnings Order (CTAEO) allows us to collect your debt from your wages, based on a percentage of your take home pay.

If you get certain benefits, we can ask the DWP to send an amount from your benefits directly to us. The amount deducted from your benefits depends on the type of benefit you’re claiming.

Deductions from benefits

The deductions will continue until the council tax you owe is paid in full, or until you stop receiving benefits. If you stop receiving benefits and the debt is still unpaid, you will need to contact us to make an arrangement to pay straight away. If you have an online council tax account, you can complete the arrangement form - this is the quickest solution: 

You can also email us:

Charging orders

We can apply for a charging order if you own your home and your council tax debt is more than £1,000. The charging order secures the debt against your property. In some cases, the council can force the sale of your property to pay your arrears.

When the house is sold, what you owe (the arrears) will need to be paid from the proceeds before you can exchange. Any additional recovery costs will be added to your arrears, which must be paid in full.

Other recovery actions

Bankruptcy

If a significant amount is owed, for example over £5,000, the council can start bankruptcy proceedings against you. If we do, we will write to you first with details of your debt and explain how bankruptcy will affect you. The consequences of bankruptcy can be severe. More information and advice about being made bankrupt can be found on GOV.UK: Becoming bankrupt

Committal to prison

As a last resort, you could be sentenced to prison for up to three months, if the court decides you have not paid your debt even though:

• you had the money or could have made reasonable efforts to pay
• you chose not to pay, or you ignored the debt
• you did not have a good reason for not paying.

It is different from being unable to pay because of things outside your control, like losing your job or becoming ill.

Breathing Space

Breathing Space is a government scheme that gives you short-term protection from most types of debt recovery. It gives you time to get debt advice and make a plan to manage your debts, without additional pressure.

Breathing Space can last up to 60 days. If you are getting mental health crisis treatment, it can last longer.

You must continue with the payments you are liable for. If you have an attachment of earnings order, where we are taking payments from your wages, this will continue. However, during Breathing Space:

• if you owe us money, we cannot take action against you
• we cannot contact you about the debts covered
• we cannot add extra interest or charges.

To apply for Breathing Space, you must speak to a debt advice provider that is authorised by the Financial Conduct Authority (FCA).

You can use the MoneyHelper debt advice locator to find help online, by phone, or face to face.