Liability Orders

When you are summonsed to attend court for non payment of council tax, we ask the Magistrates to grant a Liability Order against you. It states that you are liable to pay the council tax and have not paid it. The court only considers whether you are liable to pay the council tax and not your ability to pay. The Liability Order gives the Council greater powers of recovery should they be needed.

Will a Liability Order always be granted?
No. There are a number of reasons why it may not be granted and some of them are:

  • the amount on the summons has been paid in full including costs (and a receipt is shown).
  • the Council has not sent you council tax bills and reminders in accordance with the regulations.

The Magistrates will not consider the following circumstances as valid reasons for refusing to grant the Liability Order:

  • you cannot afford to pay
  • you have applied for council tax benefit and are awaiting the outcome
  • you have appealed against your council tax band - you must still pay the amount on the summons. We will send you a new bill and a refund of any overpayment if the band is changed
  • you have appealed to the Valuation Tribunal regarding your liability, exemption or discount. You must still pay the amount on the summons and we will send you a new bill if the charge is changed. You will get a refund if you have paid too much.

Will this affect my credit rating?
Most credit agencies do not currently record a Liability Order debt but this may change.

Page last updated on 14 July 2010