Can Council seize your house over failure to pay Council tax?

Conrad3000

Hi all.

In the worst case scenario, can the Council seize your home to settle your council tax debts/arrears?

Even if it means them making you and your family homeless?

Absolutely shocking if true.

Brie

Haven't heard of it happening myself but they do get very strong handed about collection and are among the quickest to send in bailiffs to potentially seize possessions.  Potentially it might go as far as forcing a repossession but hopefully a individual/family would realise how bad things are getting and down size to clear the arrears.

Mark_d

I don't believe this is possible.  Certainly not without a court order. But it might be slightly different if you were living in a council property.

elsien

They can look at prosecution, for which a prison sentence is possible in some circumstances. . Which could lead to an inability to pay your mortgage, which could then eventually  lead to you losing your home. 

My suggestion would be to work towards paying any debts and so not getting into the situation in the first place. 

Although I suspect this is a random question following incorrect information online somewhere, rather than a relevant personal query.

Alderbank

Yes, the council may apply to the county court or the High Court for a charging order. Once the order is granted the council will be able to enforce the sale of the property in order to clear the council tax owed.

If your council tax remains outstanding the council can apply to the magistrates' court for a warrant committing you to prison for a maximum of three months.

...and when you are released you still owe the balance of any council tax still unpaid.

That's why all debt advisors, including those on this forum, always warn you not to mess about with Council tax. Not paying it never ends well.

JCS1

They can also (once debt goes above certain value) apply to make your bankrupt, your house would then be at risk.

It's rare, but I have seen it happen.

fatbelly

There is a full explanation of the options here

https://nationaldebtline.org/get-information/guides/council-tax-arrears-ew/

sourcrates

The same rules apply to charging orders and bankruptcy as for any other debt.

For a charging order to be granted, you must be a homeowner, and the debt must be over £1000.

For a council to consider making you bankrupt, you must be a homeowner, and the debt must be over £5000.

The above are extreme measures and every other option would be tried first.

delianborisov

it is not always as easy. But the annoying thing is that they keep increasing the council tax every year and in return they do less and less for us(the community) for example asking to pay extra money on top of the already increased council tax for collecting the bin for grass and gardening. The streets look like a 3rd world country with all these potholes. Police barely doing jack when it comes crime. But of course we should be paying our council tax. When i got this kind of position i end up paying every other month, as i didnt have money. And then i managed to get better job and start paying £40 extra onto my council tax and eventually i got upt o date. 

MEM62

Conrad3000 said:

In the worst case scenario, can the Council seize your home to settle your council tax debts/arrears?

Technically possible but you would have to be monumentally stupid to let the situation get that far out of control. After all, it is a priority debt.   

Conrad3000 said:

Absolutely shocking if true.

Why?  If you refuse to pay your debts your assets can be seized to settle them.  Hardly the most outlandish concept.     

ManyWays

Please start a new thread!