Assigning a new tenant to a AST which is now periodic

[question1]

Hi, I want to ask for advice re adding a new name to a lease.

The tenant and her husband have been with us since 2012 and has had only the one AST since Feb 2012, so now periodic.
I have had problems with rent arrears and irregular payments and did get a court eviction last week. However the tenant is wanting to stay.
Things have changed since the tenant came in 2012 and I dont think they work now due to family.
The tenant has always had the husband living with her - the husband works but is not on the TA. I only deal with the husband. I have only ever met the husband.
As I said I do have a court eviction for this week but they want to stay - the husband has agreed to go on the TA. Arrears now are only 195 plus court fees of 325.

My family say i should continue with the eviction, i am not sure what to do. I feel I want to help them as despite arrears situations all these years they seem to be trying an now say they will do better - but will not get help from benefits. I'm not sure what to do. But was thinking of an assignment of the husband because the id and tenant check I had done on the tenant tbh looks flaky to me - I could not get in touch with the employer (no one answered!) - but the checking co passed it. Can I safely assign him to a 2012 AST that is now periodic. Also I don't know if it will make a difference to your replies but they dont pay pcm as in the TA - they've paid weekly since end 2012.

[StuartH]

I wouldn't consider doing anything except evict unless they discharge the whole of the arrears and your costs. Then I'd evict.

[Lawcruncher]

Can I safely assign him to a 2012 AST that is now periodic.

If the tenancy was a fixed term tenancy "and no more" (that is was not expressed to continue as periodic) then no. When the fixed term ended the ensuing periodic tenancy was a new tenancy and the fixed term tenancy no longer exists.

If the tenancy was a fixed term tenancy "plus" (that is was expressed to continue as periodic) then yes.

I leave it to others to discuss whether allowing an assignment is wise.

[theartfullodger]

Unwise, imprudent

[jpkeates]

The repossession order will be enforceable for 6 years, so you can execute it if the arrears issue recurs.

There's no point adding the husband to the tenancy, it's almost impossible to get an assignment of a tenancy right, and if you create a new tenancy, your repossession order becomes invalid.

If there's been no change in the family situation, what makes you think adding the husband will make any difference at all?

But, personally, I'd evict them, they sound like they've been problematic for several years.
Why should you adopt their problems?

[JK0]

I have had problems with rent arrears and irregular payments and did get a court eviction last week. However the tenant is wanting to stay.

Should have paid the rent then! You would be mad to let them stay!

[question1]

Thanks everyone for your replies and advice. I will go along with your advice. Thanks