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Jul, 2014

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  1. #1

    Default NTQ, Possession Notice , AT6 correct procedure

    I issued an NTQ and a section 33 notice of possesion at end of January, terminating a SAT as of 31st March. I now wish to issue an AT6 ... but unsure if court action can now only proceed 2 months after issue of the AT6. Some sources of info say that an AT6 should accompany an NTQ, others say that where a section 33 repossession notice is issued with an NTQ, the AT6 needn't be issued then . BUT... cant see anything that tells you the period of notice of court action that applies to the AT6 if you have already issued the NTQ & S33 possession notice. Aghhhhhhhhhhhhhh

  2. #2

    Default

    I'm happy to be corrected if there's anyone who knows better out there, however, my understanding is that the Section 33 gives notice that the tenant is required to leave on a certain date. That being the case, assuming that you served the NTQ and Section 33 in the correct manner (i.e. either by recorded delivery which was subsequently signed for by the intended recipient, or by Sheriff Officer) then I think you can serve the AT6 and go straight to court. The Section 33 gives the tenant the date on which you can instigate court action and if that date is passed then I think you are free to go to court. The AT6 only has a shelf life of 6 months though so if you are going to take court action you need to do it sooner rather than later.

    Does anyone else have a different opinion?

  3. #3

    Default

    thanks Mrs Mac..... came to same conclusion myself eventually

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