Q&As

Where a registered social landlord seeks a demotion order in respect of an assured tenancy, does the order granted create a demoted assured shorthold tenancy? What method should the landlord use to obtain possession?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 28/11/2017

The following Property Q&A produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • Where a registered social landlord seeks a demotion order in respect of an assured tenancy, does the order granted create a demoted assured shorthold tenancy? What method should the landlord use to obtain possession?

Where a registered social landlord seeks a demotion order in respect of an assured tenancy, does the order granted create a demoted assured shorthold tenancy? What method should the landlord use to obtain possession?

The right to apply for a demotion order was given to Housing Associations and other registered social landlords to combat problems of anti-social behaviour in social housing. If such an order is granted its effect is to temporarily terminate the assured tenancy and substitute a ‘demoted tenancy’ which enjoys more limited security of tenure. See section 6A of the Housing Act 1988 (HA 1988).

An application for a demotion order is made to the County Court for the area where the property is located and will not be made unless the court is satisfied that it is reasonable that it should do so and that the tenant or a person residing in or visiting the dwelling house has engaged in conduct

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