Demoted tenancy
A demoted tenancy is, in English law, a type of tenancy created by a court when a housing association get a demotion order from a court. It is typically created when an assured tenant or secure tenant engages in anti-social behaviour. The creation of the demoted tenancy is an alternative to eviction and makes a tenant easier to evict in the future.[1] The Housing Act 1985 established demoted tenancy, and the Housing Act 1996 expanded on it.[2]
Demotion order[edit]
A social landlord can apply to their county court for a demotion order.[3] This is often done when tenants or their visitors engage in repeated anti-social behavior,[3] break terms of the tenancy agreement,[4] or use premises for unlawful purposes.[5][6]
Demotion orders expire after twelve months.[5]
The landlord must provide assured tenants at least two weeks notice,[7] and must provide secure tenants at least four weeks notice on a special form;[8] however, the court can waive notice requirements when it is 'just and equitable' to do so.[9]
Effects[edit]
Demoted tenants lose their rights as assured or secure tenants, and have the same rights as assured shorthold tenants. Demoted tenants lose the Right to Buy and time spent as a demoted tenant does not count towards the three year qualifying period for the right to buy.[6]
Possession orders are more likely to be granted while demoted tenancy is present,[3] making eviction much easier for landlords.
If demoted tenants follow the terms of the tenancy agreement, they are automatically given assured tenancy after the twelve months.[10]
References[edit]
- ^ "Demoted housing association tenancies - Shelter England". England.shelter.org.uk. 10 June 2015. Retrieved 5 September 2015.
- ^ "demoted tenancy Definition". Law Insider. Retrieved 18 October 2022.
- ^ a b c "Demoted tenancy". St Leger Homes.
- ^ "What is a demoted tenancy?". Catalyst Housing Group.
- ^ a b "Demoted tenancy". Practical Law. Retrieved 18 October 2022.
- ^ a b "Demoted council tenancies". Shelter England. Retrieved 18 October 2022.
- ^ "Shelter Legal England - Demoted tenancy definition". Shelter England. Retrieved 18 October 2022.
- ^ "Shelter Legal England - Demoted tenancy definition". Shelter England. Retrieved 18 October 2022.
- ^ "Shelter Legal England - Demoted tenancy definition". Shelter England. Retrieved 18 October 2022.
- ^ "Demoted tenancies (housing associations)". Shelter Cymru. Retrieved 18 October 2022.