Demoted housing association tenancies
It’s easier to be evicted if your tenancy is demoted because of antisocial behaviour.
What is a demoted tenancy?
Your tenancy can be demoted – or downgraded – if you or someone living with you has been involved in antisocial behaviour.
Antisocial behaviour is when you cause or threaten to cause a nuisance.
Your tenancy can also be demoted if you use your home for illegal activities such as selling drugs.
Once your tenancy has been demoted, you’ll have fewer rights than you did with a life-long assured or secure tenancy and can be evicted more easily.
The housing association will monitor you closely while you’re a demoted tenant, so it’s important you keep to the terms of your tenancy and pay your rent.
How long demoted tenancies last
If you had a secure or assured tenancy before your demotion, you'll normally be given a new assured tenancy after 12 months.
Your demoted tenancy could end earlier than 12 months if:
- you get evicted. For example, because your behaviour fails to improve
- you move out and end the tenancy
- the court overturns the order. For example, if the judge believes that it shouldn’t have been made in the first place
- you die and no one is entitled to take on the tenancy
How tenancies are demoted
The housing association has to take you to court to demote your tenancy.
You’ll receive notice at least 2 weeks before court action starts. This will tell you why your tenancy is being demoted and when the hearing will be.
When behaviour has been especially bad, the housing association may not have to give you any notice before going to court.
It must be reasonable for your tenancy to be demoted. If your behaviour wasn't that bad, you may be able to keep your original tenancy.
Once your tenancy has been demoted, the housing association might give you a new tenancy agreement explaining your rights and responsibilities. Check this, along with letters you’ve received from the court.
Key features
Many aspects your original tenancy will remain the same, including:
Ways your tenancy changes
Eviction
You can be evicted from a demoted tenancy much more easily than from a secure or assured tenancy.
The housing association doesn't have to prove a legal reason in court. It just has to follow the correct procedure to evict you.
Transfers or exchanges
You won't normally be able to exchange your home or get a transfer until the demotion period ends.
Right to buy
You'll permanently lose any preserved right to buy you might have had after the council transferred your home to the housing association.
Last updated 23 Oct 2017 | © Shelter
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