Residential Property Eviction in Scotland: Sheriff Court Process and AT6 Notice to Leave

Evicting tenants in residential properties in Scotland is strictly regulated by legislation, which protects tenants while also providing landlords with lawful means to recover possession.

Understanding the rules is crucial for landlords, letting agents and property managers to avoid delays, court challenges, or even criminal sanctions.

In Scotland, eviction of residential tenants typically proceeds through notices, negotiation, and ultimately, the Sheriff’s Court if the tenant refuses to leave.

One of the key documents for many tenancies is the AT6 Notice to Leave (for older Assured and Short Assured Tenancies) alongside the modern Notice to Leave (for Private Residential Tenancies).

Below is a comprehensive guide to the process, requirements, and legal considerations for residential property eviction in Scotland, with a particular focus on the AT6 and Notice to Leave forms.

Residential Tenancy Types in Scotland

Before discussing eviction, it is critical to understand tenancy types:

• Private Residential Tenancy (PRT): Default since 1 December 2017 for most new tenancies. No fixed end date. Eviction must be on a statutory ground with a Notice to Leave.
• Assured Tenancy: The older form can still exist. Requires AT6 Notice.
• Short Assured Tenancy: A fixed-term tenancy with a pre-tenancy Notice period. AT6 is required for specific grounds.

Each tenancy type has its own specific rules regarding notices, grounds for possession, and court procedures.

AT6 Notice to Leave

The AT6 is a statutory form used by landlords to notify tenants in Assured and Short Assured Tenancies that they intend to recover possession on one or more of the statutory grounds under the Housing (Scotland) Act 1988.

Key features of the AT6:

• Statutory Form: Must follow the prescribed format.
• Ground(s): Landlord must specify the ground or grounds for possession (mandatory or discretionary).
• Notice Period: Varies depending on the grounds. Typically, 2 weeks to 3 months.
• Service: Must be properly served on the tenant (e.g. recorded delivery or a sheriff officer for proof).

Failure to use the correct form or include the correct grounds invalidates the Notice. The tenant can challenge defective notices in court.

Common grounds in the AT6 include:

• Ground 1:
•  
• The Landlord intends to occupy the principal home.
• Ground 8: At least 3 months’ rent arrears (mandatory).
• Ground 11: Persistent delay in rent payments (discretionary).

Landlords often serve an AT6 alongside a Notice to Quit (to terminate the contractual tenancy).

Notice to Leave (PRT)

For Private Residential Tenancies (PRT), the Notice to Leave replaces the older AT6. This is the statutory form for ending a PRT, introduced by the Private Housing (Tenancies) (Scotland) Act 2016.

Key elements:

• Ground(s): Landlord must specify one or more of the 18 statutory grounds for eviction. These include mandatory and discretionary grounds.
• Notice Period: Depends on the grounds and the length of time the tenant has lived there—usually 28 or 84 days.
• Form Requirements: Must include prescribed information and tell tenants about their rights to challenge.
• Service: Recorded delivery, email (if agreed), or a sheriff’s officer.

Common grounds for Notice to Leave include:

• The Landlord or family member intends to live in the property.
• Substantial rent arrears.
• The landlord wants to sell.
• Anti-social behaviour by the tenant.

If the tenant does not leave at the end of the notice period, the Landlord must apply to the First-tier Tribunal (Housing and Property Chamber) for an eviction order.

Notice Period Requirements

Notice periods are crucial in ensuring the Notice is valid.

For the AT6:

• Rent arrears (mandatory): 2 weeks.
• Other grounds: typically 2–3 months.

For the Notice to Leave:

• Rent arrears (three or more months): 28 days’ Notice.
• Behaviour grounds: 28 days.
• Other grounds (e.g. selling): 84 days if the tenant has been there for over six months.

During the COVID-19 pandemic, emergency legislation temporarily extended notice periods. Always check for current statutory rules.

Serving the AT6 or Notice to Leave

Proper service is essential:

• You must use the correct statutory form.
• Deliver by recorded delivery or a sheriff officer for proof.
• An email may be considered valid if the tenant has agreed to it in writing.
• Ensure the tenant understands the grounds and notice period.

Failure to serve the eviction application correctly can result in its dismissal.

What Happens After the Notice Period?

If the tenant moves out by the notice expiry, no further action is needed.

If the tenant refuses to leave:

• Assured/Short-Assured Tenancy: The Landlord must apply to the Sheriff’s Court for an eviction order.
• Private Residential Tenancy: Landlord must apply to the First-tier Tribunal (Housing and Property Chamber).

The tribunal or court will examine the following:

• Whether the Notice was valid.
• Whether the statutory ground is established.
• Any discretionary factors.

For mandatory grounds (e.g. Ground 8 on AT6), if proven, the court or tribunal must grant the order. For discretionary grounds, it has the option to refuse.

Eviction Order and Enforcement

Once granted, an eviction order authorises the removal of the tenant:

• Sheriff officers carry out a physical eviction if the tenant refuses to comply.
• Self-help eviction by landlords is illegal in Scotland.

Sheriff officers will serve a Charge for removing or Schedule Removal and attend to remove the tenant if necessary.

Avoiding Unlawful Eviction

Scottish law is strict about unlawful eviction:

• It is a criminal offence for landlords to evict tenants without a court or tribunal order.
• Tenants can claim damages for illegal eviction.

Landlords must follow:

• Correct form (AT6 or Notice to Leave).
• Correct grounds and notice period.
• Court or tribunal procedure.

Professional Advice

Most landlords use a solicitor or letting agent to ensure:

• Proper drafting and service of notices.
• Valid legal grounds.
• Effective representation at court or tribunal.

Professional advice can save time, money, and the risk of an unsuccessful claim.

Useful External Links

• Scottish Government (gov.scot): Guidance on renting and eviction in Scotland.
• Scottish Courts and Tribunals Service (scotcourts.gov.uk): Sheriff Court forms and procedures.
• First-tier Tribunal for Scotland (housingandpropertychamber.scot): Eviction process for Private Residential Tenancies.
• Shelter Scotland (shelterscotland.org): Tenant rights and eviction guidance.

FAQs

What is an AT6 Notice?

A statutory form landlords use to terminate Assured or Short Assured Tenancies on specific grounds. It must include the grounds and correct notice period.

How is the Notice to Leave different?

It is the statutory Notice for Private Residential Tenancies, introduced in 2017. It must specify the statutory ground and correct notice period.

Can I evict a tenant without going to court or a tribunal?

No. Even with a valid AT6 or Notice to Leave, you need a court or tribunal eviction order to remove the tenant lawfully.

What happens if I serve the wrong Notice?

An invalid notice can lead to the dismissal of your eviction case, resulting in wasted time and costs. Always use the correct statutory form.

How long does the eviction process take?

It varies. Serving Notice may take months, depending on the grounds. Court or tribunal hearings can add more time, especially if you are defending yourself.

Can I use the AT6 for Private Residential Tenancies?

No. For PRTs, you must use the Notice to Leave. The AT6 is only for older Assured and Short Assured Tenancies.

This guide provides an in-depth examination of residential property eviction in Scotland, highlighting the crucial role of the AT6 and Notice to Leave in the lawful termination of tenancies. Landlords should always ensure they follow statutory forms and procedures to avoid costly legal challenges.

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