Council Tax Breathing Space: what happens to bailiff enforcement?

The Debt Respite Scheme creates a standard breathing space and a mental health crisis breathing space for qualifying debtors. Council tax arrears can be a qualifying debt unless a statutory exclusion applies.^[1]

When a qualifying council tax debt is included in a breathing-space moratorium, the creditor and its enforcement agent are subject to statutory restrictions on enforcement during the moratorium. Government guidance states that bailiffs must generally stop enforcement action, including giving notice, visiting to take control of goods, or selling controlled goods, subject to the detailed statutory exceptions.^[2]

The council should notify its enforcement agent when it receives the breathing-space notification. If a bailiff contacts you after the moratorium has started, give the bailiff and enforcement company the moratorium details immediately and tell your debt adviser what happened.

A breathing space is not a write-off and does not decide whether the council tax is legally owed. Its purpose is to provide temporary protection while the debtor receives debt advice and works towards a longer-term solution.

Some deductions and enforcement mechanisms have specific treatment under the Regulations and government guidance. Existing deductions from earnings or benefits should not be assumed to stop in every case merely because a moratorium begins; ask your debt adviser to check the precise recovery method.^[3]

Keep the breathing-space notification, the date and time it started, the council account number, the enforcement-company reference and records of every contact made during the moratorium. Those records are important if enforcement continues contrary to the statutory protection.

^{[1] The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020
[2] Debt Respite Scheme (Breathing Space) guidance for creditors, GOV.UK
[3] Regulations 7-10 and 17-20 of the Debt Respite Scheme Regulations 2020 and the current GOV.UK creditor guidance}