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Ending a PRPSH demoted tenancy

This content applies to England

How a PRPSH demoted tenancy can end.

Expiry of demotion period

A PRPSH tenancy that had been assured or secure prior to demotion to a demoted assured shorthold tenancy will become a periodic assured tenancy 12 months after the demotion order took effect.[1]

Where the tenancy was a two-year (or more) fixed-term assured 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 tenancy will be a fixed term assured shorthold tenancy
  • the period of the fixed term, which must be a minimum of two years
  • the express terms of the tenancy.

Extending demotion period

If the landlord has served a possession notice 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 proceedings are decided in the tenant's favour.

Surrender or notice to quit by tenant

A demoted tenant can end the tenancy by serving a valid notice to quit. For information see Notices to quit: Tenants.

A surrender will also 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 demoted assured shorthold tenant.

The landlord will usually serve notice under section 21 but they could serve notice under section 8 (when a ground for possession will have to be proven). For more information see Notices: Demoted tenancies.

The tenancy will end when a possession order is executed.[4]

The tenant may be able to raise a defence based upon:

A PRPSH 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 is not a PRPSH, the demoted tenancy ends. The new tenancy will most likely be an assured shorthold, but could be assured (if the landlord specifies it as such) or secure (if the landlord condition for creating a secure tenancy is met).[5]

For more information, see the section on Assured shorthold tenancies and the section on Assured tenancies.

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 status of the 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.

[1] s.20B(2) Housing Act 1988.

[2] s.20BA Housing Act 1988, as inserted by s.163 Localism Act 2011.

[3] s.143B Housing Act 1996.

[4] s.143D Housing Act 1996.

[5] s.143C Housing Act 1996.

[6] s.143B(2) Housing Act 1996.

[7] s.143B(2) Housing Act 1996.

[8] s.143I Housing Act 1996.

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