Demoted tenancies
Demoted tenancies

The following Local Government guidance note provides comprehensive and up to date legal information covering:

  • Demoted tenancies
  • Demotion
  • Conduct
  • Statutory provisions for demotion
  • Reasonableness
  • Procedure for demotion
  • Defences
  • Effect of demotion
  • Length of demotion
  • Obtaining possession of a demoted tenancy
  • more

Demotion

A secure tenancy can be demoted to a 12-month probationary tenancy if the tenant has engaged in housing related anti-social conduct or has used the property for unlawful purposes. If a demotion order is granted and the tenant remains in occupation then on a specified date the secure tenancy will end and a demoted tenancy will begin.

The equivalent powers apply to registered providers of housing for assured tenants under the Housing Act 1988 (HA 1988).

Conduct

'Housing related anti-social conduct' is conduct which:

  1. is capable of causing nuisance or annoyance to another, and

  2. which directly or indirectly relates to or affects the housing functions of the landlord

Such conduct includes:

  1. causing a nuisance to neighbours

  2. vandalism and graffiti

  3. noise

‘Use of property for unlawful purposes’ is conduct which consists of or involves using or threatening to use housing accommodation for an unlawful purpose.

Statutory provisions for demotion

The statutory provisions for demotion due to anti-social behaviour apply only if the landlord is a 'relevant landlord' which is a:

  1. local housing authority

  2. housing trust

  3. registered social landlord, or

  4. private registered provider of social housing

A court must be satisfied before making an order that: