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Demotion notices

This content applies to England

Serving the tenant with a demotion notice .

Notices against assured tenants

The form of the notice is not prescribed by law, but it must give details of the behaviour to which it relates.[1] The notice period (before court proceedings are commenced) must be at least two weeks from the date on which the notice is served. The notice remains valid for 12 months from service of the notice.

It is important to note that if a landlord serves a notice seeking possession on the grounds of nuisance (ground 14), proceedings normally can begin immediately following the service of the notice. However, if a demotion notice is served at the same time as the possession notice, then the two-week notice period applies.

For more information see Notices:Demoted tenancies.

Notices against secure tenants

The notice must be in the prescribed form.[2] The notice period must be at least 28 days. The notice remains valid for 12 months from the date on which proceedings could begin.

It is important to note that if a landlord serves a notice seeking possession on the grounds of nuisance (ground 2), proceedings normally can begin immediately following the service of the notice. However, if a demotion notice is served at the same time as the possession notice, then the four-week notice period applies.

For more information see Notices:Demoted tenancies.

Waiving notice requirement

The court can waive the requirement to serve notice where it is 'just and equitable' to do so. This also applies to notices seeking possession of assured and secure tenancies and existing case law relating to the waiver of notices against assured and secure tenants is applicable to demoted tenants.[3]

[1] s.6A(6) Housing Act 1988.

[2] s.83 Housing Act 1985; Secure Tenancies (Notices) (Amendment) (England) Regulations 2004 SI 2004/1627.

[3] s.8 Housing Act 1988 and s.83 (1)(b) Housing Act 1985; Kelsey Housing Association v King (1996) 28 HLR 270, CA.

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