Giving a tenant notice to end an assured tenancy
To end an assured tenancy, you must send your tenant a notice to quit. This tells them when they need to move out by.
If they do not move out by the end of the notice period, you’ll also need to send them a notice of proceedings. This is called an AT6 form.
Otherwise, you may not be able to get an eviction order from the First-Tier Tribunal for Scotland (Housing and Property Chamber).
There's a different process if the tenant has a short assured tenancy.
Creating a notice to quit
The notice to quit must be in writing. It must:
- say how long their notice is
- tie in with the date the tenancy agreement ends – this is sometimes called the ‘ish date’
- say that if they do not move out, you must apply for an eviction order
- say where they can get independent advice
Creating a notice of proceedings (AT6 form)
You only need to send your tenant a notice of proceedings if they have not moved out by the end of their notice period.
It must be in writing and should tell your tenant:
- the amount of notice they’re entitled to
- the reason the tenant is being evicted – this is called an eviction ground
- why the eviction ground applies and evidence you have for it
Download an AT6 form on gov.scot.
Grounds for ending the tenancy
You can only end the tenancy for one of the following reasons.
The amount of notice you must give depends on the eviction ground.
You can use more than one eviction ground. If the grounds have different notice periods, the longer notice period will apply.
If you end up applying for an eviction order, the tribunal will ask you for evidence to support the eviction ground you used. The tribunal will decide if it’s reasonable to evict your tenant or not.
1. You want to move in or it was previously your home
You must give your tenant 2 months’ notice if you use this ground
You can only use this ground when either:
- you, or your spouse or civil partner wants to move in
- you lived there before the tenant moved in, and you want to move back in
- you became the landlord after the tenancy started (but not through buying the house) and you want to move in
You cannot use this ground to evict a tenant so you can sell the home. You must move in first.
2. The mortgage lender will sell the property
Your tenant must get 2 months' notice if this ground is used.
This ground can only be used when you have mortgage arrears and your lender wants to sell the home to cover the debt.
Your tenant must move out so the home can be sold.
3. Off season holiday let
You must give your tenant 2 weeks’ notice if you use this ground.
You can only use this ground when all the following apply:
- you usually rent the property out as a holiday home
- in the year before the tenant moved in, the property was rented out as a holiday home
- your tenant lived in the home for less than 8 months before you gave them the notice of proceedings
4. The property is normally student accommodation
You must give your tenant 2 weeks’ notice if you use this ground.
You only use this ground when all the following apply:
- the property is let to university or college students during term time
- you rented it out to students in the year before the tenant moved in
- your tenant had lived in the home for less than one year before you gave them the notice of proceedings
5. The property is needed for a minister or lay missionary to move in
You must give your tenant 2 months’ notice if you use this ground.
You can only evict them from the home if you want to let a minister or lay missionary move in while they are working in the area.
6. The property is needed for re-development
You must give your tenant 2 weeks’ notice if you use this ground.
You can only use this ground if you want to do major work to the property and either:
- the work cannot be done while the tenant is living there
- your tenant has said that they do not want to live there while work is being done
You should pay your tenant reasonable moving expenses if you’re using this ground.
7. The tenancy was inherited through a will or intestacy
You must give 2 months’ notice if you use this ground.
You can only use this ground within one year of:
- the tenant dying
- finding out the tenant had died
You cannot use this eviction ground if both apply:
- the person who inherited the tenancy, inherited it from a spouse or civil partner
- the tenant who died did not inherit the tenancy from someone else
8. No longer in use - Your tenant has 3 months' rent arrears
This eviction ground cannot be used.
This eviction ground has been repealed by legislation.
If your tenant has rent arrears, you can use eviction ground 12 - ‘Your tenant has some rent unpaid’.
9. You want your tenant to move to other suitable alternative accommodation
You must give your tenant 2 weeks’ notice if you use this ground.
You can use this ground if you can give the tenant somewhere else to live.
The new accommodation must be suitable for them and their family. They must have the same or similar rights as they do in their current home.
10. Your tenant gave notice to quit to end the tenancy but did not move out
You must give your tenant 2 weeks’ notice if you use this ground.
You can only use this ground if they gave you written notice that they were going to move out but then changed their mind and did not leave.
You must give your tenant a notice of proceedings within six months of the date they said they were going to leave.
11. Your tenant repeatedly delayed paying their rent
You must give your tenant 2 weeks’ notice if you use this ground.
You can only use this ground if your tenant keeps paying their rent late.
The tribunal must consider if the delay is due to problems with your tenant’s benefits.
12. Your tenant has some rent unpaid
You must give your tenant 2 weeks’ notice if you use this ground.
You can only use this ground if your tenant has rent arrears on the day they get the eviction notice.
You can only evict them if they have rent arrears on the day they go to the tribunal.
The tribunal must consider if the arrears are because of problems with your tenant’s benefits.
13. Your tenant breached a tenancy condition
You must give your tenant 2 weeks’ notice if you use this ground.
You can only use this ground if your tenant broke one of the terms in their tenancy agreement.
You cannot use this ground because the tenant has rent arrears.
14. Your tenant allowed deterioration of the property or common areas
You must give your tenant 2 weeks’ notice if you use this ground.
You can only use this ground if:
- your tenant damaged the property or surrounding area
- someone living with them damaged the property or surrounding area
- they did not report damage to you and the problem became worse
15. Your tenant caused or allowed nuisance or annoyance
You must give your tenant 2 weeks’ notice if you use this ground.
You can only use this ground if your tenant or someone they live with has:
- caused nuisance or annoyance to the neighbours
- been convicted of using the home for something illegal
16. Your tenant caused or allowed deterioration of the furniture
You must give your tenant 2 weeks’ notice if you use this ground.
You can only use this ground if your tenant or someone they live with has:
- damaged the furniture
- not looked after the furniture properly
17. You no longer employ the tenant
You must give your tenant 2 weeks’ notice if you use this ground.
You can only use this ground if your tenant was both:
- employed by you
- living in the property as part of their job