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- What can you send the council to support your offer?
- How do you work out a monthly figure to offer?
- Who do you actually deal with at each stage?
- Can instalments be reinstated after a final notice?
- What happens once the council agrees an arrangement?
- What if the council refuses your offer or a summary warrant already exists?
- What if you need more than an arrangement with the council?
- Related guides
- Frequently asked questions
Contact your council’s recovery team with your account reference, a written income and expenditure breakdown and a monthly figure covering both the arrears and this year’s bill. Get whatever is agreed confirmed in writing.
Once the right to pay by instalments is lost, the whole remaining year’s balance falls due at once. A 10% statutory surcharge is added on grant of a summary warrant.
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It starts with a call or an email to the council. Our guide to negotiating a payment arrangement instead of a wage arrestment covers how your position shifts as recovery moves along.
What can you send the council to support your offer?
Your council tax reference number and a written income and expenditure breakdown behind the monthly figure you are offering. Councils will consider spreading arrears beyond the current financial year where affordability is evidenced.
What you can offer to send
There is no prescribed form and no statutory checklist here. This is what puts your figure on paper rather than leaving it on the phone.
- The council tax reference number from your bill, so nothing is logged against the wrong account.
- A written income and expenditure breakdown behind the monthly figure you are offering.
- Payslips, or a benefit award letter, if you are asked to evidence the income figure.
- The amount of any deduction already coming off your pay or benefits, and how often it is taken.
The reference sits on any bill, and our council tax billing guide explains how the annual charge and its instalments are put together.
Ask for the balance split by financial year, including any 10% surcharge added. Different years can sit at different stages of recovery.
What is fixed by law, and what a council can decide
Some of what you might try to negotiate is not open to negotiation at all. Knowing which is which keeps the conversation on what can move.
| The point | Fixed or discretionary | What the rule is |
|---|---|---|
| Reinstating instalments after a final notice | Council discretion | There is no right to have instalments restored once the final notice window has passed |
| How long the arrears can be spread over | Council discretion | No statutory maximum. Councils commonly work to the current financial year and will consider longer where affordability is evidenced |
| Which financial year a payment clears | Council policy, and you can override it | Payments normally go to the oldest year of arrears first unless the payer specifies otherwise, so state the year in writing |
| Backdating a discount, a disregard or an exemption | Council discretion | No statutory maximum backdating period. How far back a council goes is evidence-led, so ask |
| Backdating Council Tax Reduction | Fixed by regulation | Up to 6 months before the application at working age with continuous good cause, and 3 months at pension age |
| The 10% summary warrant surcharge | Fixed by statute | Added to the outstanding council tax on grant of the warrant. The same 10% applies to non-domestic rates |
| What an earnings arrestment takes from your pay | Fixed by statute | Schedule 2 to the Debtors (Scotland) Act 1987, on the tables in force since 6 April 2025. There is no discretion to reduce a Schedule 2 deduction |
| Sheriff officer fees | Fixed by an Act of Sederunt | Set by the court and added to what you owe, rather than set by the firm |
The deduction figures come from Schedule 2 as substituted by the Diligence against Earnings (Variation) (Scotland) Regulations 2024, in force since 6 April 2025. A sheriff cannot reduce a Schedule 2 deduction because you cannot afford it.
Check the bill is right before you offer to pay it
Start with whether you are the person liable at all. Our council tax liability guide sets out the hierarchy running from resident owner to non-resident owner.
Single person discount is 25% where one adult lives in the property, and there are further discounts and disregards for students, apprentices, care leavers under 26 and live-in carers. A disabled band reduction charges the bill one band lower where a disabled resident needs an extra room or wheelchair space indoors.
Council Tax Reduction can cover up to 100% of your liability, and Scotland runs its own scheme. Working-age awards can be backdated up to six months where there was continuous good cause for applying later.
How do you work out a monthly figure to offer?
Add up your income, take off essential outgoings and what you are already committed to, and offer what is genuinely left. A smaller figure you can keep to is worth more than a generous one you cannot.
Council tax reaches your wages through a route ordinary consumer debt does not have. Under a summary warrant the council can move to an earnings arrestment without first serving a charge for payment.
Do not leave this year’s bill out of the figure
The current year is billed separately and keeps falling due while you clear the arrears. Work out what you can put towards both, not just the older balance.
Ask for the two numbers separately. Our council tax debt advice page covers what to ask a recovery team for.
How long can you spread the arrears over?
There is no statutory maximum. Councils commonly work to the current financial year and will consider longer where affordability is evidenced, so the period is a matter of council discretion.
What a wage arrestment would take instead
It helps to know the alternative. Deductions come off net pay under Schedule 2 to the Debtors (Scotland) Act 1987, on tables in force since 6 April 2025, so net monthly pay of £1,800.00 gives £172.50 a month.
Your employer may also take £1.00 per deduction on top. Our wage arrestment calculator runs your own figure, and the banded amounts are not open to offer.
Get free, confidential help setting up a council tax payment arrangement
Who do you actually deal with at each stage?
Before a summary warrant, the council’s recovery team. After one, sheriff officers may hold the file, and where you send a payment matters.
Ask for the recovery team, or for the council’s own welfare rights or money advice team. The general billing line handles the bill rather than the arrears.
Who holds your account, and where the payment should go
| Stage | Who you are dealing with | Where the payment goes, and what to check |
|---|---|---|
| Bill issued and instalments running | The council tax billing team | Pay as billed, and ask billing to move the instalment date or change the method |
| Reminder or final notice sent | The council's recovery team, or its welfare rights or money advice team | Pay the council, and ask for the arrangement to be noted on the account |
| Summary warrant granted | The council's recovery team, and the council may then instruct sheriff officers | Ask whether the account has been passed on before you send anything |
| Sheriff officers instructed | The sheriff officer firm, working to the council's instructions | Ask which of the two to pay, so the money is credited correctly |
| Diligence running, such as an earnings arrestment | The council, and the sheriff officers acting on its instructions | Check the deductions are landing against the balance you think they are |
| Arrears spread over more than one year | Whoever holds the account at that point | Say in writing which year a payment is for, because the oldest year is cleared first |
If sheriff officers already have the file
The council instructs a sheriff officer firm, and the firms working for Scottish councils include Scott & Co, Stirling Park, Walker Love and Alex M Adamson.
They are officers of the court, appointed by and accountable to the sheriff, and they are not bailiffs.
Complaints go to the firm, then the Society of Messengers-at-Arms and Sheriff Officers, then the sheriff principal. They cannot force entry over ordinary council tax arrears.
You can still ask the council about an arrangement after the file is passed on.
Which year your payment clears
Payments are normally allocated to the oldest year of arrears first unless you specify otherwise. That is unhelpful when you are trying to keep the current year out of recovery.
If you want a payment credited to a particular year, say so in writing at the time.
Can instalments be reinstated after a final notice?
Sometimes, and it is at the council’s discretion rather than a right. Once the final notice window has passed, the right to pay by instalments is gone.
The usual sequence is a reminder notice typically about two weeks after a missed instalment, usually with 7 days to put it right, up to two reminders in a year, then a final notice usually giving another 7 days. Day counts vary by council policy.
Discretion, not entitlement
Once the right to instalments has gone, ask the council about a special payment arrangement covering the whole remaining balance. Reinstating instalments is at the council’s discretion rather than a right.
Put the request in writing
The decision itself is not yours to make. What you can control is that your offer exists on paper with a date on it.
- The council tax reference number, and the financial years the offer covers.
- The monthly figure, the date it would start and the payment method.
- Whether that figure covers the current year’s instalments as well as the arrears.
- Anything you are sending as evidence of what you can afford.
Ask for the council’s answer in writing, whatever it is.
Our guide to where to go for help lists the free services that will build the budget and put the offer in with you.
What happens once the council agrees an arrangement?
You pay the agreed amount on the agreed dates and keep the written confirmation. An arrangement is a discretionary agreement rather than a statutory protection, so tell the council before a payment is going to be missed.
Keeping it alive
Confirm any phone agreement by email the same day, setting out the amount, the start date and the years covered. Check a statement a few months in.
Tell the council before you miss a payment rather than after, and ask whether a lower figure can be agreed for a period. Ask for a review if your hours drop or a benefit changes.
If the arrangement breaks anyway
A council can apply for a summary warrant, and a 10% statutory surcharge is added to the outstanding council tax when it is granted.
What happens if you do not pay your council tax in Scotland runs through the stages that follow.
What if the council refuses your offer or a summary warrant already exists?
Ask what the council would accept and put a revised offer in writing. A summary warrant adds a 10% surcharge to the balance without closing the door on an arrangement.
A summary warrant is granted on the council’s application supported by a certificate, with no hearing, under Schedule 8 to the Local Government Finance Act 1992.
Putting a revised offer in
Ask what figure would be accepted rather than guessing at a second offer. Put the revised figure in writing with the special payment arrangement you are asking for named in it.
Two things a summary warrant does not do
It does not appear on your credit file, because council tax is not reported to credit reference agencies. It also cannot lead to prison, because the committal power that exists in England and Wales does not apply in Scots law.
A Time to Pay Order at the sheriff court
A Time to Pay Order is competent against a summary warrant, and where the sheriff grants one the sheriff must recall any existing earnings arrestment. For other diligence the sheriff only may recall.
The balance has to be £25,000 or less excluding interest, and the test is what is reasonable in all the circumstances. A Time to Pay Direction is not available, because a direction responds to a court action.
Whether an earnings arrestment alone satisfies the entry conditions is not settled, so treat this as a route to check. A money adviser or the sheriff clerk at your local sheriff court can confirm competency.
What if you need more than an arrangement with the council?
Four routes are worth comparing: an informal arrangement, a special payment arrangement, a Time to Pay Order and a Debt Payment Programme under the Debt Arrangement Scheme. Where the debt is beyond all four, a protected trust deed or sequestration may fit instead.
The four routes side by side
What separates them is who decides, what it costs and what it does to enforcement already running.
| Route | Who decides | What it costs you | Effect on enforcement already running |
|---|---|---|---|
| Informal arrangement with the council | The council, at its discretion | Nothing to set up, and the balance stays as billed | It does not by itself stop diligence that is already running |
| Special payment arrangement | The council, at its discretion, once the right to instalments has gone | Any surcharge and expenses already added stay on the balance | It does not by itself stop diligence that is already running |
| Time to Pay Order | The sheriff, on a test of what is reasonable in all the circumstances | The balance has to be £25,000 or less, excluding interest | The sheriff must recall an existing earnings arrestment, and only may recall other diligence |
| Debt Payment Programme under DAS | Creditors, or the DAS Administrator on a fair and reasonable test | Interest, fees and charges frozen, with scheme fees funded from creditor recoveries | An approved programme stops an existing earnings arrestment and blocks new diligence |
The Debt Arrangement Scheme
A Debt Payment Programme under the Debt Arrangement Scheme lets you repay in full over an agreed period, with interest, fees and charges frozen. The Accountant in Bankruptcy runs it through the DAS Administrator, and the average programme lasts about six years.
Once approved, a programme stops an existing earnings arrestment and blocks new diligence, which is why it appears in our guide to stopping a wage arrestment. Council tax arrears can go into one, and your current-year liability cannot.
A moratorium and the formal insolvency routes
A statutory moratorium gives six months of protection and you get one per rolling 12 months. It stops service of a charge for payment, stops new diligence and stops creditor petitions for sequestration.
It does not stop a creditor obtaining a decree, and interest and charges keep accruing throughout.
Whether a creditor can carry on an earnings arrestment your employer is already operating is treated differently in the Accountant in Bankruptcy’s adviser guidance from the general statement of the rule. Ask a money adviser to confirm the position on your facts before relying on it.
A protected trust deed ends an earnings arrestment on the date of protection, not on signing, under s.173 of the Bankruptcy (Scotland) Act 2016. Sequestration ends one on the date of sequestration.
Money already deducted before either date is credited against the debt rather than refunded. A free money adviser can say which route fits.
Frequently asked questions
How do I set up a council tax payment arrangement in Scotland?
Call the council’s recovery team with your account reference, a written budget and a monthly figure covering both the arrears and this year’s instalments.
What should you send with your offer?
Your council tax reference number and a written income and expenditure breakdown behind the monthly figure. Councils will consider spreading arrears over a longer period where affordability is evidenced.
Do I have to pay this year's bill as well as the arrears?
The current year is billed separately and its instalments keep falling due, so plan for both. Ask for the arrears figure and the current-year instalments to be set out separately.
Can council tax instalments be reinstated after a final notice?
There is no right to have them restored once the notice expires, and reinstating them is at the council’s discretion. Ask anyway, in writing, and ask for the answer in writing.
Can I set up an arrangement after a summary warrant?
Yes, you can still ask. The 10% surcharge stays on the balance, and if sheriff officers hold the file, check which of the two to pay.
Which year of arrears does my payment clear?
The oldest year first, unless you specify otherwise. Put the year in writing when you pay if you want it credited elsewhere.
What happens if I break a council tax payment arrangement?
The council can apply for a summary warrant, which adds a 10% statutory surcharge, and it can then instruct sheriff officers. Get in touch before a payment is missed rather than after.
Does an arrangement stop a wage arrestment that has already started?
An arrangement with the council does not by itself stop an arrestment already running. An approved Debt Payment Programme stops one, a Time to Pay Order requires the sheriff to recall one, and sequestration or trust deed protection ends one by operation of law.
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Written as general information about Scottish debt law rather than regulated financial or legal advice, and your own circumstances may change the answer. Free, impartial help is available from Citizens Advice Scotland, StepChange, Money Advice Scotland and National Debtline.