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What is a demoted tenancy?

This content applies to England

Types of demoted tenancy .

An alternative to possession

Demotion presents social landlords with an alternative to possession proceedings where a tenant is causing nuisance through antisocial behaviour. The tenant does not lose her/his home and can regain her/his original tenancy and security of tenure after 12 to 18 months.

A social landlord can apply to demote a tenancy where the tenant, or someone living with or visiting the tenant, has:[1]

  • engaged or threatened to engage in antisocial behaviour, or
  • used or threatened to use the property for an unlawful purpose.

Besides the relevant behaviour, there are other conditions that must also be satisfied for a tenancy to be demoted; these are outlined in Demotion orders.

Types of demoted tenancy

A demoted tenancy is a form of tenancy that reduces a tenant's security of tenure and rights for 12 to 18 months.[1]

There are two types of demoted tenancy:

  • local authority (or housing action trust) secure or flexible tenancies are demoted to demoted tenancies[2]
  • private registered providers of social housing assured, secure or fixed-term (of two-years or more) tenancies are demoted to demoted assured shorthold tenancies[3].

[1] s.82A Housing Act 1985;s.20B Housing Act 1988.

[2] ss.14 and 15, and Sch.1 Anti-social Behaviour Act 2003.

[3] s.82A Housing Act 1985;  ss.143A-P Housing Act 1996.

[4] s.82A Housing Act 1985; ss.6A and 20B Housing Act 1988.

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