SCOTTISH EXECUTIVE

FORM AT3(L): FOR USE ONLY BY A LANDLORD

ASSURED TENANCIES

AT3(L)

HOUSING (SCOTLAND) ACT 1988

Application by a landlord to a Rent Assessment Committee for a determination of the terms of a statutory assured tenancy and, if appropriate, rent for that tenancy under Section 17(3) of the Housing (Scotland) Act 1988.

IMPORTANT: INFORMATION FOR LANDLORD(S)

This form should be used by a landlord who wishes to refer to a Rent Assessment Committee a Notice AT1M served on him by his tenant to propose a change in the terms of a tenancy agreement for the house at the address in part 1. You should read this application form carefully. Complete the form as fully as you can. Insert 'NOT KNOWN' where the information is not available. Where boxes are shown tick only one. It would be helpful if you would type your answers or use BLOCK LETTERS in BLACK INK and send 2 copies of the form if possible, to the Clerk to the Rent Assessment Committee.

This form must be with the Clerk to the Committee within 3 months of the date on which your tenant served on you Notice AT1(T).

Say what kind of house it is, such as a detached or terraced house or flat or part of a house. (If a flat give location in stair eg 1F1.)

Give number and type of rooms (eg bedroom, living room).

Is there any accommodation or facilities shared with another tenant? If yes, give details.

No

Yes

Is there any accommodation or facilities shared with the landlord? If yes, give details.

No

Yes

Does the tenancy include a garage, garden, yard or any other separate building or land? If yes, give details

No

Yes

Are services provided under the tenancy (such as cleaning, heating or hot water supply)? If yes, give details.

No

Yes

Is furniture provided under the tenancy? If yes please attach a list of the furniture provided. If you do not have one, prepare one and attach it to this form.

No

Yes

During the present or any former tenancy has the tenant or any previous tenant carried out any improvement or replaced fixtures, fittings or furniture for which you are (or he was) not responsible under the terms of the tenancy? If yes, give details including the costs (actual or estimated) and the approximate date on which the work was carried out.

No

Yes

Is there any disrepair or other defect to the house or to any fixtures, fittings or furniture due to a failure to comply with the terms of the present or any former tenancy? If yes, give details.

No

Yes

Part 9.

I apply for the proposed terms of the statutory assured tenancy [and the proposed

adjustment to the rent]* to be determined by a rent assessment committee.

Signed

[tenant(s)]

[tenant's agent]*

In the case of joint tenants all tenants should sign.

…………………………………………….. (date)

*delete as appropriate

Part 10.

In submitting your application you should attach copies of certain documents which will be required by the Rent Assessment Committee to help it make a determination. You should attach the following:

a. A copy of your existing tenancy agreement or written document setting out the terms of the tenancy.

b. A copy of Notice AT1(T) served on you by your tenant (including any attachments to that form).

c. If you provides furniture, a list of the furniture.

d. If the tenancy is a short assured tenancy a copy of Notice AT5 which you served on the tenant.

Any documents which you send with this application will be returned to you as soon as possible.

Tick each box to indicate that you have attached the relevant form.

Please send this application form to the Clerk to the Rent Assessment Committee for your area (see telephone book for the address).

HOUSING (SCOTLAND) ACT 1988

NOTES FOR LANDLORDS TO BE READ WITH FORM AT3(L). THESE NOTES ARE FOR GUIDANCE ONLY AND ARE NOT A DEFINITIVE INTERPR ETATION OF THE LAW. THE NOTES GIVE ADVICE ON THE CIRCUMSTANCES IN WHICH AN APPLICATION CAN BE MADE TOTHE RENT ASSESSMENTCOMMITTEE.

1. You should use this form to make an application to the Rent Assessment Committee only if (a), (b) and (c) below all apply.

a. Your tenant has served on you a Notice ATI(T) proposing new tenancy terms (and also perhaps a new rent to reflect those terms);

b. no more than 3 months have gone by since the date on which Notice AT1(T) was served on you: and

c. you wish the Rent Assessment Committee to make a determination on the tenancy terms, and new rent if one is proposed.

3. If you do not apply to the Rent Assessment Committee within the 3 month time limit, the terms proposed by your tenant (and new rent if one is proposed) will take effect from the date specified in the Notice AT1(T) served on you.

3. If you do not find acceptable the new terms (and new rent if appropriate) being proposed by your tenant it might in the first instance be helpful to discuss the matter with him before making a decision on whether or not you should refer the matter to the Rent Assessment Committee.

4. If you decide to apply to the Rent Assessment Committee and it subsequently makes a determination of tenancy terms and/or rent remember that you and your landlord are free to set aside the determination if you agree on different terms and/or rent. However, unless you both agree to such a variation, the terms and rent determined by the Rent Assessment Committee will apply.

5. If you apply to the Committee, the Secretary to the Committee will acknowledge your application and will write to you asking if you wish to have the matter dealt with at a hearing or whether you wish to make written representations.

6. If you are uncertain about what kind of tenancy your tenant has, or your rights, or uncertain about how to complete this form you should consult a solicitor or any organisation which gives advice on housing matters.

7. Further guidance on assured and short assured tenancies is available in "Assured Tenancies in Scotland - A Guide for Landlords and Tenants". Copies are available from any office of the Rent Assessment Committee, Citizens Advice Bureau, Housing Advisory Centre or any office of the Rent Registration Service.

8. The Rent Assessment Committee is an independent body which does not charge a fee. A leaflet setting out its procedures is available from any of the organisations listed in paragraph7.