Business Rates Arrears: What to Do When Bailiffs Come Knocking
Updated for 2026
If your business has fallen behind on its rates and you are now facing enforcement action, you are not alone. Business rates arrears affect thousands of companies across England and Wales every year, and the consequences can escalate quickly if left unaddressed. Whether you run a small shop on the high street or manage a larger commercial premises, unpaid business rates can lead to bailiff visits, legal proceedings and serious financial strain.
This guide explains what happens when business rates arrears build up, what rights you have when bailiffs arrive, and the practical steps you can take right now to regain control of the situation.
Why Business Rates Arrears Build Up
Business rates are a tax on non-domestic properties in England and Wales, collected by your local council. The amount you pay is based on the rateable value of your property, which is set by the Valuation Office Agency (VOA). For many businesses, rates represent one of the largest fixed overheads after rent.
When cash flow tightens, business rates are often one of the first bills to slip. Common reasons include seasonal dips in trade, unexpected costs, loss of a key customer or client, or simply the cumulative pressure of rising costs across energy, supplies and staffing. The cost of living crisis has squeezed consumer spending, and that directly hits businesses that rely on footfall and discretionary purchases.
Unlike some debts, business rates arrears are treated as a priority debt. Your council has strong powers to recover the money, and they tend to act faster than most creditors. That is why it is so important to act early rather than wait for enforcement action to begin.
The Enforcement Process for Business Rates Arrears
If you miss payments, your council will typically follow a set process. First, you will receive reminder letters and a final notice. If you still do not pay, the council can apply to the Magistrates’ Court for a liability order. This court order gives them the legal authority to take enforcement action against you.
Once a liability order is granted, the council has several options. They can instruct enforcement agents (bailiffs) to visit your premises and seize goods to the value of the debt. They can also use other methods such as insolvency proceedings or, in some cases, committal to prison, though the latter is rare for business rates.
The liability order stage is critical. At that point, the council will also add court costs to your debt, typically around £70 to £100. Once bailiffs are instructed, their fees are added on top, and these can be significant. The Taking Control of Goods (Fees) Regulations 2014 set out a fixed fee structure: a compliance stage fee of £75, an enforcement stage fee of £235 (plus 7.5% of any amount over £1,500), and a sale stage fee of £110 (plus 7.5% over £1,500).
Your Rights When Bailiffs Visit Over Business Rates Arrears
Enforcement agents operating under the Taking Control of Goods Regulations must follow strict rules. Knowing your rights can make a significant difference to how the situation plays out.
Bailiffs must give you at least seven days’ written notice before their first visit. They can only visit between 6am and 9pm unless your business operates outside those hours. They cannot force entry on their first visit to a commercial premises unless they have a specific court order permitting it. On subsequent visits, they may use reasonable force to enter, but only if they have previously taken control of goods through a controlled goods agreement.
You have the right to ask for identification and proof of the debt. If a bailiff behaves aggressively, threatens you or your staff, or attempts to take goods that are exempt (such as tools of the trade up to £1,350 in value), you can report them for harassment and challenge their conduct.
It is worth noting that bailiffs cannot seize goods belonging to someone else on your premises. If you lease equipment or have items on hire purchase, make sure you have documentation readily available to prove ownership.
How to Deal With Business Rates Arrears Before Bailiffs Arrive
The best time to act is before enforcement action begins. If you know you are going to struggle with your business rates, contact your council straight away. Many councils will agree to a payment arrangement if you approach them early and demonstrate genuine willingness to pay.
You should also check whether you are entitled to any relief. Small Business Rate Relief is available if your property has a rateable value below £15,000, and you could get up to 100% relief if the rateable value is below £12,000. There are also reliefs for rural businesses, charities, and properties in enterprise zones.
Discretionary rate relief under Section 47 of the Local Government Finance Act 1988 allows councils to reduce or write off business rates in certain circumstances. Under Section 49, councils can also remit rates where payment would cause hardship. These are not automatic entitlements, and you will need to present a strong case, but they are worth exploring.
If your property is empty, you may still be liable for business rates after the initial exempt period (typically three months, or six months for industrial properties). However, some councils offer additional relief for empty commercial properties, particularly in areas with high vacancy rates.
What to Do If Bailiffs Have Already Been Instructed
If you have already received a Notice of Enforcement from a bailiff company, do not ignore it. That seven-day notice period is your window to negotiate directly with the council or the bailiff firm to set up a payment plan.
Contact the bailiff company named on the notice and propose a realistic payment schedule. Many enforcement firms will accept instalments rather than proceed to a visit, especially if you can make an immediate partial payment as a gesture of good faith.
At the same time, speak to a free debt advice service. Organisations such as Citizens Advice, StepChange, and the Business Debtline (run by the Money Advice Trust) can help you negotiate with creditors and explore all available options. Our team at Council Tax Advisors also provides free guidance on dealing with enforcement agents and understanding your legal position.
Business Rates Arrears and Your Wider Financial Position
Business rates arrears rarely exist in isolation. If your business is struggling to pay rates, there may be other debts mounting up as well, from VAT and PAYE to rent arrears and supplier invoices. Taking a holistic view of your finances is essential.
A formal insolvency option such as a Company Voluntary Arrangement (CVA) can help restructure your debts and give you breathing space. For sole traders, an Individual Voluntary Arrangement (IVA) or a Debt Relief Order may be appropriate depending on the level of debt involved. You can read more about managing multiple debts on our site.
HMRC also offers Time to Pay arrangements for businesses struggling with tax debts. If you owe business rates alongside other tax liabilities, it is worth contacting HMRC’s Payment Support Service to discuss your options.
Protecting Your Business Going Forward
Once you have addressed the immediate arrears, put measures in place to prevent the situation recurring. Set up a direct debit for your business rates so payments are made automatically. Budget for rates as a fixed monthly cost rather than treating them as something that can wait.
Review your rateable value regularly. If your property’s circumstances have changed, for example a change of use, structural alterations, or a decline in the local area, you may be able to challenge the valuation through the VOA’s Check, Challenge, Appeal process. A successful challenge could reduce your ongoing liability.
Keep communication lines open with your council. If you hit a rough patch in future, early contact is always better than silence. Councils are far more likely to work with you on a payment plan than to escalate enforcement when you are proactively engaging with them.
Get Free Help With Business Rates Arrears Today
Dealing with business rates arrears and the threat of bailiff action is stressful, but you do not have to face it alone. Our team at Council Tax Advisors offers free, impartial support to help you understand your rights, negotiate with your council and enforcement agents, and find a realistic way forward.
Whether you have just missed your first payment or you are already dealing with enforcement agents at your door, we can help. Contact us today for free advice tailored to your situation.
Disclaimer: The information provided on this page is for general guidance only and does not constitute financial or legal advice. Business rates legislation and relief schemes may change. You should seek independent professional advice before making decisions about your finances. Council Tax Advisors is not regulated by the Financial Conduct Authority.





