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Ending an LA demoted tenancy

This content applies to England

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:

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.

[1] s.143B Housing Act 1996.

[2] s.143MA Housing Act 1996, as inserted by s.155 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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