Tenant ends a local authority demoted tenancy

Different ways of terminating a local authority or housing action trust demoted tenancy by landlords or tenants.

This content applies to England

Expiry of demotion period

12 months after the demotion order takes effect, a tenancy that had been a secure tenancy prior to demotion becomes 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 becomes 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 continues 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.

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.

Change of landlord

The demoted tenancy ends if the landlord changes and the new landlord is not a local authority or housing action trust.[4]

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

The tenancy (demoted and original) ends the tenant no longer occupies the property as their only or principal home.[5]

Quashed order

The tenancy is no longer demoted if the demotion order is quashed in court. The original secure tenancy resumes.[6]

No successor

If the tenant dies and there is no one who can succeed to the tenancy, the tenancy ends.[7]

Last updated: 11 March 2021

Footnotes

  • [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.143C Housing Act 1996.

  • [5]

    s.143B(2) Housing Act 1996.

  • [6]

    s.143B(2) Housing Act 1996.

  • [7]

    s.143I Housing Act 1996.