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

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

10:29 AM, 1st April 2015, About 10 years ago 21

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My tenants were ordered to leave on 2/1/15 after I obtained a Possession Order. They are hoping to be rehoused by Southwark Council, who advised them to stay put until they get a visit and letter from the bailiffs, so I obtained a Warrant and we have all been waiting 12 weeks for the bailiff to respond.

Meanwhile, the tenants stopped paying rent, stating that they had been receiving housing benefit , but it had stopped because they had no contract to show. (the original contract expired in September) I had no idea they were claiming HB, as they both work, but I depend on the income from the flat to pay my bills.

My question is, can I give them one month contracts, month by month, which they can take to HB to prove they are still living in my flat and need to pay rent? If I issue these contacts, going back to January, will this affect my possession order, perhaps invalidate it? Whatever happens, I don’t want to risk holding up the eviction any longer than it has been already.

All this is because the bailiffs have been too over-worked to carry out the eviction promptly !

Lenincomplicate


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Lenin Benin

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10:39 AM, 2nd April 2015, About 10 years ago

Thank you everyone for your comments. I have decided to take the advice given, and have asked the tenants to clarify details, such as how much they are claiming and when this stopped, but they haven't responded, so I now suspect they could be concealing something. However, they suddenly paid 500 pounds into my bank account! Is this to stop me talking to HB, I wonder? They still owe me quite a lot of money, but I feel something has been achieved.
Meanwhile, yesterday, 12 weeks after I was granted the Warrant, the Bailiff's letter finally arrived! What an incredible relief! It gives an eviction date for 25/4/15, but I'm hoping Southwark council will re-house them before this date.
Things seem to be looking up at last, although I dread to imagine the state of the flat when I finally get to look at it properly!
If there is a next time, I will definitely try the HCEO route from the outset, as it would have been cheaper than losing all this rent by waiting for the county court bailiffs. Thanks again everyone!

Sharon Betton

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10:57 AM, 2nd April 2015, About 10 years ago

Although I am no fan of Shelter, this is their understanding of the law and it makes sense to me. However, my apologies to those who believe otherwise.
Southwark are taking a hard-line - the authorities I deal with expect to receive the Court order before accepting as homeless but don't, generally, wait for the Bailiff. However, the other issue is - where would the tenant's be accommodated? In my local area, it would be a hostel and most people would prefer to stay in the property and wait for the Bailiff, than go into temporary accommodaton.

Steve Masters

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11:08 AM, 2nd April 2015, About 10 years ago

Reply to the comment left by "Lenin Benin" at "02/04/2015 - 10:39":

It seems many councils ignore the possession order and wait until written proof of an eviction date before they consider re-housing!
You should still speak to HB, if you point out they are in substantial arrears they should talk to you.
Don't forget to arrive early and wait OUTSIDE for the bailiffs on eviction day, many bailiffs won't knock on the door. Don't know why! Let the bailiffs return possession to you officially, even if you think tenant has vacated. Don't give tenant chance to return and claim unlawful eviction.

Paul Franklin

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11:24 AM, 2nd April 2015, About 10 years ago

I'm not saying your understanding and advice from shelter is wrong by the way Sharon, it's just that's not the way I've understood it until now. If I'm honest, thinking about it too much is making my head hurt a little :-s

Paul Franklin

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11:48 AM, 2nd April 2015, About 10 years ago

The daily charge you refer to Sharon are mesne profits, this is all ringing a bell now - I've read post from Tessa before, thanks Sharon - it's good to talk 🙂

http://www.landlordlawblog.co.uk/2010/09/25/mesne-profits-what-is-it/

Michael Barnes

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15:59 PM, 2nd April 2015, About 10 years ago

Reply to the comment left by "Sharon Betton" at "01/04/2015 - 12:29":

Rent is due from tenant for each day until they return vacant posession (or the eviction order is enforced).

If you have read somewhere that this is not the case, then please provide references.

Paul Franklin

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16:12 PM, 2nd April 2015, About 10 years ago

Yes I think we all agree on that one Michael the question was whether they 'technically' have a tenancy or not after the date of the possession order... it would seem not and that any rent recieved is mesne profits and not accepted as a payment of rent for a tenancy but simply an 'occupation charge'?

Paul Franklin

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16:19 PM, 2nd April 2015, About 10 years ago

Although this is my previous understanding so I have no idea if my old or new way of thinking is correct...
http://blog.painsmith.co.uk/2010/08/23/after-a-section-21-notice-expires/

Romain Garcin

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16:43 PM, 2nd April 2015, About 10 years ago

Yes, tenants have a valid tenancy after the expiry of the possession order. The tenancy they had before continues.

This is stated beyond doubt by section 5 of the Housing Act:
"Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed."

This means that the tenancy only ends when bailiffs execute the order, and therefore rent continues to be due as usual until then.

"mesne profit" is compensation if the tenant continues to occupy the property after the tenancy has ended. Typically this happens if the tenant serves notice to quit but does not move out by the expiry date.

Paul Franklin

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16:57 PM, 2nd April 2015, About 10 years ago

I'm so glad you came along to clear this up Romain - as I'm sure you could tell this was starting to bug me. So in the end then I was right and shelter are wrong (happy smug face). Thanks!

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