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Succession: Demoted tenancies

This content applies to England

Succession where a tenancy has been demoted.

The Anti-social Behaviour Act 2003 introduced a power for local authorities, private registered providers of social housing (formerly known as registered social landlords), and housing action trusts to apply to demote a tenancy where a tenant, resident or visitor to a property is guilty of antisocial behaviour. A demoted tenant has fewer rights than before demotion and can be evicted much more easily. See the section on Demoted tenancies for details.

When a tenancy is demoted, the rights to succeed to or assign that tenancy may be altered for the duration of demotion, depending on whether the tenancy is a local authority/housing action trust demoted tenancy or a registered social landlord demoted tenancy.

Local authority/housing action trust demoted tenancies

The rights to succeed to a local authority/housing action trust demoted tenancy are largely the same as those under a secure tenancy. The main difference is that a tenant's spouse or civil partner is counted as a member of the tenant's family and must also have lived with the tenant for 12 months before s/he died to be entitled to succeed.[1] The successor succeeds to a demoted tenancy, which, provided the landlord does not seek possession of the property during the demotion period, ceases to be demoted at the end of the demotion period (12 to 18 months) and becomes secure again. Only one statutory succession is allowed.

Other social landlord demoted tenancies

Succession rights to demoted tenancies of private registered providers of social housing are the same as to assured shorthold tenancies. The right to succeed only extends to surviving spouses or civil partners where the couple were living together as husband and wife or civil partners.

[1] ss.143H and 143P Housing Act 1996, as inserted by Sch 1 Anti-social Behaviour Act 2003.

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