Can a contract be extended month by month after possession order?

Hi Lenin,

You are right to have concerns as I am sure this would complicate matters, but I would personally seek advice from Paul Shamplina and his team at Landlord Action. They are industry leading tenant eviction experts and have helped many readers.

see >> http://www.property118.com/member/?id=190

I am not convinced that your tenants tell you the truth. They might just have stopped paying because they know they're going to get evicted.

Presumably they do have a written contract to show: The last one you agreed with them.

I would not give them anything and focus on getting them out. Enforcement through High Court Enforcement Officers would have been much faster than using county court bailiffs (something to know for the future).

Thanks a lot for these post. I am newbie here and looking for the forum rules. Please help me out.

See "House Rules", under the members tab

Welcome to Property118 🙂
.

Don't give them a new contractual periodic (month by month) contract. My understanding is that this would clearly be a new tenancy and you are seeking possession based on the previous tenancy.

Do call the Southwark housing benefit team. If your tenants are 8 weeks or more in arrears and you can provide evidence that this is the case, the HB will be paid directly to you.

Also, they shouldn't need to see a 'new' contract. They already ahev one. The intital fixed term that expired in September has continued as a Statutory Periodic Tenancy, it continues because the law says so, you don't have to sign any new contracts/agreemeents. Putting something in writing to this affect to the council may help clarify things - stating that your tenants have a stat periodic from sept at a rent of x per month - though this doesn't need to be in the form of a tenancy agreement signed by both parties.

P.S. Get written permission from the tenant to discuss their HB claim with the Council, this should help matters if they want things sorted out. If they don't give you that permission, that should tell a story in itself that they may not have been completely open with you about the situation.

In my experience the council will accept a letter to confirm the tenant is still is residence. Provided the tenant also notifies the council to the same effect their entitlement should continue, hence their housing benefit. I would not be inclined to provide any kind of new tenancy as this poses too many uncertainties.
If you think they may be telling a few lies phone the council in front of them and ask they they give you permission to discuss their claim, also get it noted on the claim.
You'll then be able to find out if they are lying. If they are over 8 weeks in arrears you can force any payments to be paid directly to you.
Good luck with everything

I am sorry if I have misunderstood, but my understanding is (was if advised differently here!) that rental liability ceases on the date the Court orders possession. Therefore, housing benefit would stop then - this is why the court forms ask for a daily rental sum - because they know that the rent stops at that point.

12 weeks seems a long time to wait for the Bailiff - recent meeting with the Sherriffs office does seem to indicate that it can be a more cost-effective measure than waiting for the Court Bailiff.

Reply to the comment left by "Paul Franklin" at "01/04/2015 - 11:55":

Correct me if I am wrong but not only does the fixed term AST automatically roll into a Statutory Periodic Tenancy (SPT) but either AST or SPT tenancy is still in force after a possession order has been granted and only ends when you obtain vacant possession. (Unlike when the tenants give notice, then the tenancy ends at the end of their notice whether vacant or not).

That is also my understanding Steve and if Sharon is correct that is news to me.

My understanding is that the date given in the possession order does not end the tenancy. It continues until bailiffs 'enforce' the order. Unitl that point, the order hasn't been enforced and therefore the tenancy continues.