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Notices: Demoted tenancies

This content applies to England

The notice a landlord must serve on a demoted tenant before applying to the court for a possession order.

For further information about the procedure that a landlord must follow to regain possession of a demoted tenancy, see Ending a LA/HAT demoted tenancy and Ending a PRPSH demoted tenancy.

For information about the notices required to demote a secure or assured tenancy, see Demotion notices.

Demoted tenants of local authority or housing action trust

A local authority (or housing action trust) landlord must serve a notice of proceedings for possession before applying to the court for a possession order. There is no prescribed form, but the notice must:[1]

  • be in writing
  • state that the court will be asked to make a court order for possession of the property
  • outline the reasons for the landlord's decision to seek possession
  • specify the date after which possession proceedings may begin
  • inform the tenant of her/his right to a review of the landlord's decision and the time limit for requesting a review.

Notice period

The notice period must be a minimum of 28 days or equivalent to the length of a period of the tenancy, whichever is longer.[2]

Dispensation from requirement for notice

The court has no power to waive the requirement for a notice seeking possession or compliance with the above requirements in the case of a defective notice.

Right of review

A demoted tenant of a local authority or housing action trust has a statutory right to a review of the landlord's decision to repossess. The review procedure for demoted tenancies is set out in the Housing Act 1996, as amended by the Anti-social Behaviour Act 2003, and the supplementary regulations.[3]

The tenant has 14 days from the date on which the notice was served to request a review. S/he can request an oral hearing or submit a written representation (which must arrive at least two days before the review date).

The landlord must inform the tenant of the date of the review, and the time and place if the tenant has requested an oral hearing, at least five clear days before the review date.

The review must be carried out by someone who was not involved in the original decision to seek possession.

The landlord must notify the tenant of its review decision before the notice seeking possession expires (although it can specify a longer period in the notice).

Demoted tenants of PRPSHs

Before a private registered provider of social housing (PRPSH) landlord can commence possession proceedings, it must serve the tenant with a valid notice, either under section 8 or section 21 of the Housing Act 1988. It is most likely to be under section 21.

PRPSH demoted tenants have no statutory right to a review of the landlord's decision to repossess.

For more information and details see the pages: 

Wales

The information on this page applies only to England. Go to Shelter Cymru for information relating to Wales.

[1] s.143E Housing Act 1996.

[2] s.143E(3) Housing Act 1996.

[3] s.143F Housing Act 1996; Demoted Tenancies (Review of Decisions) (England) Regulations 2004 SI 2004/1697.

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