Do I HAVE to issue an AST?

[Geezah]

I have an HMO, where I rent out rooms to working individuals on seperate tenancies. I am non-resident.

I provide furniture and pay for all utilities, council tax, wi-fi, Sky.

A recent trend has arisen whereby the odd tenant decides to stop paying rent for no reason, even though they are still working. Usual thing, never answer calls or letters or email, when confronted gives the usual line....cheques in the post type blah, which of course never materialises. They stay put and refuse to pay or give reason - effectively squatting.

As I understand it, I cannot do anything until they have built up 2 months worth of arrears, at which point I can serve a notice to quit on the grounds that they are not paying rent, this just seems to draw out the pain.

I have two queries please:

What is the most effective/efficient way to get rid of these types quickly? At which point do they legally become squatters?

and

For future tenants/residents, do I have to issue an AST? Can I issue a weekly room let/room agreement or maybe advertise it as a B and B, observing all which that entails, in order to get rid of bad residents quickly?

[Mortitia]

As I understand it you can't issue a 'lodger agreement' unless you live in the building yourself and tenants have use of your facilities ie. kitchen, electric, water.

On an AST quickest way to get rid is Section 8 - non payment of rent clause or for sure Section 21 which guarantees possession (but make sure you have protected any deposit or it will be invalid). Neither of these methods are very quick but you could do with issuing the Section 21 just after the start of the tenancy then you can action it at any time in the future by applying for a court order.

[Grampa]

The million dollar question and in a nutshell NO.

But you could move into the property and be a resident landlord then use a lodger agreement which then gives you more power to chuck them out.

Or make your faverite tenant or live mate the landlord who then offers rooms with lodger agreements. This may be questionable in the eyes of the law but worth a punt if you want to take the risk.

Try also to take a guarantor who you can chase when needed.

[Geezah]

Thanks for the gen, as I understand it a section 21 will only allow me possession when the AST comes to an end, I want the dingleberry out before that. So I suppose it will have to be a section 8?

I guess in future for this particular property, no guarantor = no rental............ Now, where did I put that baseball bat?