Ending an LA demoted tenancy
How a local authority or housing action trust demoted tenancy can end .
Expiry of demotion period
12 months after the demotion order takes effect, a tenancy that had been a secure tenancy prior to demotion will become a periodic secure tenancy again.[1]
Where the tenancy was a flexible tenancy before the demotion order, the landlord can serve notice on the tenant setting out:[2]
- that after the expiry of the demotion order the new tenancy will be a flexible tenancy
- the period of the fixed term, which must be a minimum of two years
- the express terms of the new flexible tenancy.
If the landlord does not serve this notice, the former flexible tenant will be come a periodic secure tenant.
Extension of demotion period
If the landlord has served a notice of proceedings for possession on the tenant during the demotion period, the demoted tenancy will continue until:[3]
- six months after the landlord served the notice (if the landlord does not bring proceedings), or
- the landlord withdraws the notice, or
- the possession proceedings are decided in the tenant's favour.
Surrender or notice to quit by the tenant
A demoted tenant can end the tenancy by serving a valid notice to quit. For more information see Notices to quit: Tenants.
A surrender can terminate the tenancy. A surrender is a voluntary agreement between the landlord and tenant that the tenancy has come to an end. It can be express or implied. For more information see Surrender.
Possession order
Prior to issuing possession proceedings the landlord must serve a valid notice on the tenant. The notice period must be of no less than 28 days. The tenant has a right to a review of the landlord's decision to repossess. For more information see Notices:Demoted tenancies.
The court must award possession where the landlord has followed the correct procedure. The tenancy will end when the possession order is executed.[4]
The tenant may be able to raise a defence based upon:
- conventional judicial review grounds (see Public law and human rights defences)
- a breach of her/his human rights (see Public law and human rights defences)
- a defence based on unlawful discrimination (see Disability discrimination defences)
- a breach of the public sector equality duty (see Equality law).
A local authority (or housing action trust) landlord should comply with the requirements of the Pre-action Protocol for Possession Cases by Social Landlords before pursuing possession proceedings.
Change of landlord
If the landlord changes and the new landlord is not a local authority or housing action trust, the demoted tenancy ends.[5] If the new landlord is a private registered providers of social housing (PRPSH) then the tenancy becomes a PRPSH demoted assured shorthold tenant.
Tenant condition
If the tenant is no longer occupying the property as her/his only or principal home, the tenancy (demoted and original) will end.[6]
Quashed order
If the demotion order is quashed in court, then the tenancy will no longer be demoted. The original secure tenancy will resume.[7]
No successor
If the tenant dies and there is no one who can succeed to the tenancy, the tenancy will end.[8]
For information about succession see Succession: Demoted tenancies.
