Possession of demoted tenancies

Prior to issuing possession proceedings the landlord of a local authority demoted tenancy 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.

The court must award possession where the landlord has followed the correct procedure. The tenancy will end when the possession order is executed.[1]

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

• conventional judicial review grounds

• a breach of their human rights

• a defence based on unlawful discrimination

• a breach of the public sector equality duty

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.

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.[2]

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

• conventional judicial review grounds

• a breach of their human rights

• a defence based on unlawful discrimination

• a breach of the public sector equality duty

A PRPSH landlord should comply with the requirements of the Pre-action Protocol for Possession Cases by Social Landlords before pursuing possession proceedings.