AT6 - Eviction Notice for England

FORM AT6

ASSURED TENANCIES

HOUSING (SCOTLAND) ACT 1988

AS AMMENDED BY PARAGRAPH 85 OF SCHEDULE 17

TO THE HOUSING ACT 1988

NOTICE UNDER SECTION 19 OF INTENTION

TO RAISE PROCEEDINGS FOR POSSESSION

IMPORTANT: INFORMATION FOR TENANT(S)

This notice informs you as tenant that your landlord intends to apply to the Sheriff for an Order for possession of the house at the address in Part 1, which you currently occupy.

Part 1

To

of

_____________

_____________

_____________


NOTE 1 TO TENANT

IF YOU ARE UNCERTAIN ABOUT WHAT THIS MEANS, OR IF YOU ARE IN DOUBT ABOUT ANYTHING IN IT, OR ABOUT ITS VALIDITY OR WHETHER IT IS FILLED IN PROPERLY, YOU SHOULD IMMEDIATELY CONSULT A SOLICITOR OR AN ORGINISATION WHICH GIVES ADVICE ON HOUSING MATTERS. YOU MAY ALSO FIND IT HELPFUL TO DISCUSS THIS NOTICE WITH YOUR LANDLORD.


Part 2

I

your landlord

_____________

of

_____________

_____________

_____________

Telephone: _____________

inform you that I intend to raise proceedings for possession of the house at the address in Part 1 above on the following ground(s) being a ground(s) for possession as set out in Schedule 5 to the Housing (Scotland) Act 1988:


NOTE 2 TO TENANT

A FULL LIST OF THE 17 GROUNDS FOR POSSESSION IN SCHEDULE 5 TO THE HOUSING (SCOTLAND) ACT 1988 TOGETHER WITH INFORMATION ON YOUR RIGHTS AS TENANT IS GIVEN IN THE BOOKLET "ASSURED TENANCIES IN SCOTLAND - A GUIDE FOR LANDLORDS AND TENANTS". IT IS AVAILABLE FROM ANY OFFICE OF THE RENT ASSESSMENT COMMITTEE, CITIZENS ADVICE BUREAU, HOUSING ADVISORY CENTRE OR FROM THE RENT REGISTRATION SERVICE.


Part 3

I also inform you that I am seeking possession under the above ground(s) for the following reasons:


NOTE 3 TO TENANT

YOUR LANDLORD MUST GIVE YOU PROPER NOTICE BETWEEN SERVING THIS NOTICE AND RAISING COURT PROCEEDINGS. IF ANY OF GROUNDS 1, 2, 5, 6, 7, 9 AND 17 APPLY, WITH OR WITOUT OTHER GROUNDS, 2 MONTHS' NOTICE MUST BE GIVEN. YOUR LANDLORD MUST ALSO GIVE YOU 2 MONTHS' NOTICE IF YOUR TENANCY IS A SHORT ASSURED TENANCY AND YOUR LANDLORD IS SEEKING REPOSSESSION ON THE GROUND THAT THE TENANCY PERIOD HAS EXPIRED. IF ONLY OTHER GROUNDS APPLY, ONLY 2 WEEKS' NOTICE NEED BE GIVEN.


Part 4

Proceedings will not be raised before _____________ (which is the earliest date at which proceedings can be raised under Section 19 of the Housing (Scotland) Act 1988).

Sign: ___________________________________

Print: _____________ Landlord

Date: ______________


NOTE 4 TO TENANT

IF YOUR LANDLORD DOES NOT RAISE COURT PROCEEDINGS, THIS NOTICE AT6 WILL CEASE TO HAVE EFFECT 6 MONTHS AFTER THE EARLIEST DATE ON WHICH COURT PROCEEDINGS COULD HAVE BEEN RAISED (SEE PART 4 OF THE NOTICE).

NOTE 5 TO TENANT

IF YOU WANT TO CONTEST YOUR LANDLORD'S INTENTION TO REPOSSESS YOUR HOME, YOU ARE STRONGLY ADVISED TO TAKE LEGAL ADVICE WITHOUT DELAY AND BEFORE THE EXPIRY OF THE TIME LIMIT GIVEN BY THE NOTICE. HELP WITH ALL OR PART OF THE COST OF LEGAL ADVICE MAY BE AVAILABLE UNDER THE LEGAL AID LEGISLATION.

NOTE 6 TO TENANT

REMEMBER BEFORE YOU MUST LEAVE YOUR HOME, YOUR LANDLORD MUST HAVE DONE 3 THINGS:

     1. SERVED ON YOU A NOTICE TO QUIT (NOTE CAREFULLY THAT THIS MAY HAVE BEEN SERVED AT AN EARLIER STAGE IN THE TENANCY TO CHANGE THE TENANCY FROM A CONTRACTUAL TO A STATUTORY ASSURED TENANCY); AND

     2. SERVED ON YOU AN AT6 (THIS NOTICE); AND

     3. OBTAINED A COURT ORDER.

NOTE 7 TO TENANT

THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD KEEP IT IN A SAFE PLACE.


Instructions for Your AT6 - Eviction Notice



Landlords and their agents can use the at6 - eviction notice form, both within the fixed term and during a periodical tenancy, to either begin the eviction process or attempt to correct actions or omissions that are found within the tenancy agreement in Scotland. If the tenancy is periodic, the at6 - eviction notice may not be the best option, and a Section 33 Notice may provide a better alternative.

This notice can be served either by post or in person. It is recommended that first-class, registered post is used so that delivery can be verified. If the notice is delivered in person, it is advisable that a neutral party is present as witness to the delivery.

It is essential that this notice is addressed to all Tenants listed on the tenancy agreement. Failure to address all Tenants can lead to the failure of this notice. In the case of joint Landlords, only one of the Landlords is required to complete and sign the notice. It is always advisable that the acting Landlord has express permission to act on behalf of all the Landlords.

Important: Pay particular attention to the notice expiry date. A Landlord cannot begin proceedings until this date has passed. It is crucial that the appropriate amount of notice is given. If relying upon Grounds 3, 4, 7, 8, 10, 11, 12, 13, 14, 15 or 16, a minimum of two weeks notice is required. If relying upon Grounds 1, 2, 5, 6, 9 or 17, a minimum of two months notice is required. It is best practice to add a few additional days to allow for delivery.

THE SERVICE AND EXPIRY OF THIS NOTICE DOES NOT AUTOMATICALLY GRANT THE LANDLORD POSSESSION.

In the event that the Tenants do not vacate the property at the expiry of this notice, the Landlord does not have the right to enter the property and take possession.

Please note that the language you see here changes depending on your answers to the document questionnaire.
Landlord Landlord – Tenant Notices

AT6 - Eviction Notice

An AT6 - eviction notice, also called a notice of intention to raise proceedings, is used by landlords to begin the eviction process in order to gain possession of the property when a tenant has breached the terms of the lease. LegalNature's step-by-step guidance helps you create your AT6 - eviction notice quickly and easily.

Our eviction notice automatically includes the necessary statutory language depending upon the grounds for eviction and informs tenants of their rights. When complete, the AT6 - eviction notice will have all the required information, including the eviction grounds, relevant dates and rules on how to properly serve this notice.

LegalNature’s form builder allows landlords to take control of their tenancies by cutting costs associated with using estate agents and management companies. LegalNature can help you get started with your AT6 - eviction notice in a few easy steps to give you the protection you need today.

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