week to week agreement after AST has expired

[jerrystclair]

Currently have a tenant on whom I have served notice 9 weeks ago. AST Due for expiry next week.
The situation as it currently stands is:
-Tenants have always been late payers from day one and full personal situation not declared. As per agreement should pay by SO but have never done this.
-Due to problems Housing benefit became involved in Jan this year,at its worst time tenants were 7 weeks in arrears.
-Housing benefit have backdated tenants claim and have paid rent directly to me and I am currently holding enough to cover rent & deposit beyond expiry date.
-Housing benefit will NOT pay any further claims due to work recommencing so would now be relying on tenant to pay own rent.
-Tenants have threatened to remain in property after expiry as they have no alternative accomm.
-Housing needs have told them to ask me to enter into a 'week by week' agreement until alternative accomm is sourced ( I know dont say it!) (I have been advised that this is acceptable legally & all terms & conditions could remain as per existing AST but obviously without a notice period and reviewed weekly?)

As it stands now they are due to move out next week and show no sign of going. Is anyone familiar with this type of agreement, would you do it or would you apply for possession now ready for the expiry date. I am prepared to allow them to stay until 20th April as I have rent to cover to this date and I am very sympathetic to their situation but I have to admit my patience is running out. Would this extension go in my favour if I am forced down the legal route?
Any advice gratefully received
jerrystclair

[MrWoof]

Don't know anything about a 'week by week' agreement but having had a similar experience I can only give one piece of advice: Get Rid. Phone your local county court and get them to post the necessary paperwork then providing your paperwork is correct, you can seek a possession order as soon as they overstay. As for being sympathetic, if you are letting a property you are running a business and there's precious little room for sympathy there. Don't be taken for a ride as so many people have been, read this forum for the evidence - including a reply from Paul F to one of my queries in the same vein.

[zoe]

You can't have a week by week agreement as such as you need to give at least two months notice. Of course they might leave when you ask but by law if they stay past their eviction date if you want to get rid you will need to issue another two months notice and then possibly go to court. As far as I am ware most councils will not rehouse people until they have been evicted. I suggest that you pursue eviction procedures now and get rid.

[Paul_f]

Think about this folks first!


It's quite possible a weekly periodic tenancy might be created beyond any fixed period, but.......
The landlord should only accept any HB payments as "mesne profits" otherwise.......
He could be creating a brand new AST.
You should NOT allow any extension to the fixed term, and should issue court proceedings on the day after the fixed term expires; can use S.8 Ground 8,10, & 11, or APP if S.21 Notice served 9 weeks ago (which is 2 months minimum and complies with statutory requirements).
It's possible the original AST might have been created on a weekly basis but the landlord doesn't say; he also doesn't tell us whether he is still within the fixed term.


Half a question as usual elicits half an answer, and possibly not the right one - so what's new?

[jerrystclair]

Thanks for the responses and apologies for the lack of full picture!

In response to Paul F, the fixed term finished Sept 04 and reverted to a monthly periodic until I issued notice 9 weeks ago.

Paul F, I am a bit confused re: the HB payment please can you explain what you mean by 'mesne profits' Sorry if this has already been explained somewhere but I have been unable to locate it! (I have not cashed this HB cheque yet)

Can I also just confirm that you are saying I should be able to get an APP due to the more than min notice period given and I will not need to provide any other Grounds for possession?

thanks again, very much appreciated
jerrystclair

[Paul_f]

Your rental period is still monthly although HB is paid weekly, and who pays you doesn't affect your possession procedure.

You should have correctly served a S.21 (4)(a) Notice giving at least two month's notice which MUST end on the last day of a rent period, so if that's wrong then you must start again if you are using the S.21 route. If there is at least two months rent arrears now, and still so when you get to court you can go the S.8 Ground 8 route, but attach Grounds 10 & 11 too (persitent late payment & persistent arrears but could be less than two months - these two are discretionary at the behest of the judge & are not guaranteed!). This takes less time to issue but it depends on how busy your court is as to when you get a hearing!

Still confused? Get a solicitor to do it for you.