Demoted tenancies
A demoted tenancy means you have fewer rights and can be evicted more easily.
Why are tenancies demoted?
Your council or housing association landlord can demote your tenancy if you or a household member or a visitor:
is involved in antisocial behaviour
uses the property for illegal activity like selling drugs
threatens to behave in an antisocial way or to use the property for illegal activity
Antisocial behaviour means behaviour that annoys or is a nuisance to other people.
It can also be behaviour that could annoy people or cause a nuisance.
Notice from the landlord
You usually get a notice that says your landlord is going to ask a court to demote your tenancy.
The notice must give reasons.
You usually get at least:
2 weeks' notice if you're an assured or assured shorthold tenant
The notice must be on a special form if you rent from the council.
Demotion order in court
Only a judge can demote your tenancy at a court hearing.
This is called a demotion order.
Your landlord has 12 months to ask the court for a demotion order from when:
they gave you the notice - if you rent from a housing association
the notice expired - if you are a council tenant
What happens next
When your landlord asks the court for a demotion order, you get:
paperwork to say when your court hearing is
a defence form
Use the defence form to say why your tenancy should not be demoted.
For example, if you stopped the antisocial behaviour or the person who caused it left.
A housing adviser could help you prepare for your hearing.
What happens at your court hearing
The landlord must prove that you or a household member or a visitor:
behaved in an antisocial way in the area or to council staff
used your home for illegal activities like dealing drugs
Tell the court why your tenancy should not be demoted.
What happens if your tenancy is demoted
Most things about your tenancy stay the same, like:
Right to buy your home
If you're a council tenant, the right to buy your home is put on hold until your demotion ends and you have a secure or flexible tenancy again.
You need to live in social housing for 3 years for the right to buy your home. Your time as a demoted tenant does not count towards the 3 years.
If you had a 'preserved' right to buy with a housing association, you could lose this right permanently. Check with your housing association.
Transfers and exchanges
You cannot swap homes with another council or housing association tenant while your tenancy is demoted.
You can apply for a transfer to another property but you might not be able to move before your demotion ends.
Ask your landlord or check your council's allocations policy for details.
The allocations policy should be on your council's website.
Inheriting a demoted tenancy
You can sometimes take over a council or housing association tenancy if the tenant dies. This is called succession.
If you take over a demoted tenancy, it stays demoted until the demotion period ends.
How long does a demotion last?
Your tenancy is demoted for 12 months.
After this you get your previous tenancy back, unless your landlord gives you a notice to leave.
If this happens, your demotion lasts another 6 months.
Eviction from a demoted tenancy
You can easily be evicted from a demoted tenancy.
Your landlord does not have give a legal reason to evict you.
If your landlord gives you notice while your tenancy is demoted, you can stay until a court looks at your case. This might be longer than 12 months. Your tenancy stays demoted for that time.
Make sure you avoid antisocial behaviour and pay your rent.
If you rent from a housing association
Your landlord must give you either a section 21 notice or a section 8 notice. It is usually a section 21 notice.
You do not have to leave when your notice runs out.
Your landlord must ask a court for an order to evict you. If you stay after that, your landlord must ask the court for bailiffs to evict you.
If you rent from the council
You get 4 weeks’ written notice. The notice says why the council wants to evict you.
You can ask the council to review their decision to evict you.
You must do this within 14 days from when your landlord gave you the notice.
Get legal help if your landlord says you are out of time for a review.
The council must ask a court for an order to evict you.
They can do this if:
you stay after your notice period runs out
you asked for a review and the council decided you should still be evicted
The court order gives a time and date for you to move out. This is usually 14 days after your hearing.
If you stay after that, your landlord must ask the court for bailiffs to evict you.
Your council must ask a court for the order to evict you within 6 months of giving you notice.
If they do not, your demoted tenancy becomes a secure or flexible tenancy again.
Find out more about eviction by bailiffs
Last updated: 2 October 2025
