Demotion of tenancies
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If you are a council or housing association tenant who has been involved in antisocial behaviour, your landlord may demote your tenancy.
A demoted tenancy gives you very little protection from eviction, so you could lose your home very quickly if the problems continue.
How is a demoted tenancy different to other types of tenancy?
A demoted tenancy is a one year probationary tenancy, which can be extended if your unacceptable behaviour continues. For as long as your tenancy is demoted, you can be evicted very easily.
Demoted council tenancies are very similar to introductory tenancies. They give you fewer rights and less protection from eviction than a secure tenancy.
Similarly, demoted housing association tenancies are very similar to starter tenancies.
With both types of demoted tenancy, you can be evicted very easily if the problems that led to the demotion of your tenancy continue. Your landlord has to follow special legal procedures but they do not have to prove a specific legal reason (grounds) for the eviction.
How can tenancies be demoted?
Councils and housing associations have to follow the correct procedure and get a court order if they want to demote a tenancy. They normally have to start by giving you a written demotion notice, which explains why they are applying for a demotion order and when court action will begin. They should normally give you at least four weeks' notice.
Once your case goes to court, the judge will only agree to demote your tenancy if you (or someone who lives with you, or visits you regularly) have:
- behaved antisocially or caused nuisance in the area, or
- threatened to do so, or
- used your home for illegal activities such as drug dealing.
If the court agrees to demote your tenancy, your landlord should then give you a written tenancy agreement explaining the rights and responsibilities you will have while your tenancy is demoted. These will vary slightly depending on whether you are a council tenant or a housing association tenant.
What should I do if I have problems after the demotion?
If you are having problems sticking to the conditions of your tenancy for any reason, get advice as soon as you can. Don't wait until things get really bad, as you could risk losing your home. Use our directory to find an advice centre in your area and get in touch with an adviser as soon as you can.
If your landlord wants to evict you, they don't have to prove a legal reason in court but they have to follow the correct procedure. They must give you at least four weeks' written notice that they are going to ask the court to evict you and explain the reasons why. Get advice immediately if this happens. You can ask the council to review their decision, but only have 14 days within which to do so.
