Repossession process for assured tenancies
A landlord must take certain steps if intending to seek possession of a property let on an assured tenancy.
The eviction enforcement ban
The eviction ban ended on 31 March 2024.
We have more guidance on the eviction ban and the rent cap.
Notice to quit
If the tenancy is currently a contractual assured tenancy, the landlord must bring this to an end before applying for possession, unless the tenancy contract specifies particular grounds that can be used to apply for possession. [1] Serving a notice to quit will bring the contractual tenancy to an end and create a statutory assured tenancy.
The notice to quit must contain specific information. [2] This information explains to the tenant that they are not required to leave on the expiry of the notice, but are entitled to remain until a possession order is obtained. Legislation amended the prescribed wording to specify that the order must be obtained from 'the First Tier Tribunal for Scotland Housing and Property Chamber' rather than 'court'. [3]
The notice to quit must also be served in a particular manner, otherwise it may not be competent. For example, the notice must be served by the correct person. [4]
If the tenancy is already a statutory assured tenancy then there is no need for a notice to quit. [5] However, in most cases, a section 19 notice (AT6) will still be required.
Section 19 notice (AT6)
Before commencing possession proceedings, the landlord must serve a section 19 notice on the tenant. [6] This notice is also known as a notice of intention to raise proceedings for possession. The notice can be served with the notice to quit, provided all the legal requirements are met. [7] It must be in the prescribed form, called an AT6. [8] The AT6 must state not only the ground(s) on which possession is sought (see the page on the landlord wants possession for details of the grounds that can be used), but also the particulars of the ground. [9] It must be served by either delivering it to the tenant, leaving it at their last known address, or sending it by recorded delivery to the last known address. [10]
The section 19 notice is required in all possession proceedings of assured tenancies other than where the tenancy is a short assured tenancy and the landlord is proceeding under section 33 of the 1988 Act. The tribunal may dispense with the need for a section 19 notice if they think it is reasonable to do so, [11] unless the landlord is relying on ground 8 (three months' rent arrears). [12]
Period of notice
Notices served on or after 30 March 2022
There must be a fixed delay between the serving of the section 19 notice and the time when the landlord can make an application to the tribunal. It is either two weeks or two months, depending on which ground for possession is being used:[13]
Two months' notice is required in the case of grounds 1, 2, 5, 6, 7, 9 and 17.
Two weeks' notice is required in the case of grounds 3, 4, 8, 10, 11, 12, 13, 14, 15 and 16.
The landlord has six months to begin proceedings from the date when they are able to do so. [14] If the landlord does not begin proceedings during this time, they must start again with the service of a new notice.
Section 11 notice
A landlord raising action to evict at the tribunal must include with their tribunal application evidence that they have served a section 11 notice on the local authority. The tribunal should not proceed with an application where this requirement has not been met. [15]
Tribunal application
Once the period of notice has ended the landlord can make an application the First Tier Tribunal Housing and Property Chamber. The application should contain information on who the parties are, where the subjects are, and the grounds for the action. The tenant will be notified of the application by the tribunal and will be informed of any hearing.
For more information on tribunal proceedings, please see the section on the First Tier Tribunal Housing and Property Chamber.
Last updated: 7 February 2023