Tenant paying rent – what happens when the bailiffs come?

Tenant paying rent – what happens when the bailiffs come?

10:18 AM, 3rd January 2024, About 4 months ago 9

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Hi, The Bailiffs are coming to evict my tenant (Mr D) on 10th January. However, Mr D has paid his rent for January (well partially, it went up in July, he has never paid the new rent but continues to pay the original rent).

I don’t understand why, because the bailiffs hand-delivered the eviction notice on 1st December; therefore, he should be in no doubt that he will be evicted.

My agent has suggested that by paying the rent, the tenant could argue that he has a right to stay, which is a bit frightening.

I have sent Mr D a WhatsApp message (he doesn’t have an email) stating that I acknowledge the January rent payment and pointing out that because he is leaving on the 10th, he has overpaid his rent and also acknowledging that I now owe him X.

Actually, I don’t owe him anything because the rent increase will eat that up, but I feel I have to say that to ensure I am on the right side of the law, so to speak.

I hope I have made sense with the above, and I would really like some opinions on this matter, if anyone else has come up against this problem and whether there is anything else I can do during the next few days to ensure Mr D does not outwit me as he has been doing for the past 10 months.

Thank you,


Editor’s note: For help and advice about tenant eviction, readers can contact Landlord Action

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Specialists in tenant eviction and debt collection. Regulated by The Law Society.

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Happy housing

10:31 AM, 3rd January 2024, About 4 months ago

I was in a similar situation, tenant paying old rent. As long as the rent arrears are 2 months total get the eviction going as tenant has not intention in covering the shortfall


11:11 AM, 3rd January 2024, About 4 months ago

I would have thought that once the court judgement has been made the decision is final. The Bailiffs wouldn't get involved in any legal details. Their only job is to remove the tenant. They may not even know the reason for the eviction, it might be nothing to do with rent payment. You haven't said why you are evicting them but it sounds like it is due to non payment of the increased rent over 10 months. There must be a large shortfall by now in that case.
If you increased the rent and the tenant hasn't paid it then they owe you money, simple as that. I am not sure why there would be an overpayment in that case. Anyway, you don't know the condition of the premises and the deposit might not cover repairs etc .

Mike T

11:52 AM, 3rd January 2024, About 4 months ago

I agree with the two previous comments. Let the Bailiffs do their job.
If the tenant has not been able or unwilling to pay the rent and you have been through the legal process correctly.
Accept this, do all the redecorating or repairs and move on. Find a new Tenant, do ALL the recommended checks and legal requirements.
Good luck. No, good choices.

Reluctant Landlord

15:20 PM, 4th January 2024, About 4 months ago

The court has issued an order and now the bailiffs have been instructed and are going in. There is nothing more for you to do. If he carries on paying rent then great - he has had the paperwork that tells him what the process is and if hasn't read it properly then more fool him . I personally would refuse to engage between now and the eviction unless absolutely necessary.

Once he is out - change the locks while the Bailiffs are present. If he has left stuff issue him with a torts notice there and then and use the Bailiffs as a witness.

Whatever is owing after deposit is claimed against for arrears/damage/storage costs/disposal etc then get a MCOL out.


8:17 AM, 6th January 2024, About 4 months ago

Maybe it’s on a standing order and he’s forgotten to cancel it? Take off the increased rent and court fees and refund him the difference. I think he’s trying it. He’ll tell the bailiff that he’s paid…. But he hasn’t.

Judith Wordsworth

10:26 AM, 6th January 2024, About 4 months ago

Do the shortfalls = a minimum of 2 months arrears (both of the old rent figure AND the the increased rent figure)?

If not you could be possibly be counterclaimed for illegal eviction

Seething Landlord

10:40 AM, 6th January 2024, About 4 months ago

By what method was the rent increased in July? Is the increase enforceable?
On what grounds did you obtain the possession order or was it a S21 case?


7:16 AM, 7th January 2024, About 4 months ago

If the rent increase was properly made then its legally enforceable. Just calculate the difference between what he's just paid and what he owed and refund anything due. I can't see how this can affect a warrant of possession.

Seething Landlord

9:57 AM, 7th January 2024, About 4 months ago

Reply to the comment left by David at 07/01/2024 - 07:16
At the moment we don't know whether the increase was properly made.

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