From the Helpline: Rent paid after a possession order—what about mesne profits?

The landlord has obtained a possession order and is arranging bailiffs. Then the tenant unexpectedly pays a month’s rent.

Does accepting it stop the eviction? Should the agent describe it as “mesne profits”?

First, what are mesne profits?

Mesne profits—pronounced “mean profits”—are compensation for wrongful occupation of a property after the legal right to occupy has ended.

They are distinct from contractual rent and are generally assessed by reference to the property’s rental value for the relevant period.

They are not an automatic penalty or entitlement to double rent.

A possession order does not necessarily end the tenancy

For an assured tenancy in England, where the landlord ends the tenancy through possession proceedings, the tenancy ends when the possession order is executed.

Simply passing the date stated in the order does not turn the tenant into a trespasser.

Rent therefore normally continues to accrue while the tenant remains awaiting bailiffs.

In Wales, section 206 of the Renting Homes (Wales) Act 2016 provides that, where the contract-holder remains beyond the possession date, the occupation contract ends when they give up possession or are evicted, whichever happens first. Again, payments during that continuing contract are normally rent.

Does accepting the payment cancel possession?

Receiving a payment does not, by itself, cancel an outright possession order. However, the agent must check the order and the grounds on which it was made.

A suspended order may allow the occupier to remain if specified payment conditions are met.

Depending on the grounds and the court’s powers, changed circumstances may also support an application to suspend enforcement. Never assume every possession order operates in the same way.

What should the agent do?

• Record the payment promptly and update the account accurately.

• Check any instructions accompanying the payment before allocating it.

• Tell the landlord and the solicitor handling enforcement.

• Check whether the order is outright or suspended, and whether any further court order affects enforcement.

• Avoid promising that payment means the occupier can stay unless the landlord has authorised that arrangement and its legal effect has been checked.

  
  

Where an outright order remains enforceable and the landlord intends to proceed, an acknowledgement could say:

“We acknowledge receipt of £[amount] on [date], which has been credited to your account.

Receipt of this payment does not constitute agreement to withdraw enforcement of the possession order dated [date].

The landlord intends to continue enforcement, subject to any further order of the court.”

The practical lesson

Establish whether the tenancy or occupation contract has actually ended before using the term “mesne profits”.

Calling a payment mesne profits does not change its legal character—and accepting rent under a continuing tenancy does not, by itself, cancel the possession order.

But to err on the side of safety, if a court possession date has passed and money has been paid by the 'tenant' accept as mesne profits or at least use the above receipt wording to clearly spell out that this money does not affect the possession.