Tenant ends a local authority demoted tenancy
Different ways of terminating a local authority or housing action trust demoted tenancy by landlords or tenants.
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.
Where the tenancy was a flexible tenancy before the demotion order, the landlord can serve notice on the tenant setting out:
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:
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
Change of landlord
The demoted tenancy ends if the landlord changes and the new landlord is not a local authority or housing action trust.
If the new landlord is a private registered providers of social housing (PRPSH) then the tenancy becomes a PRPSH demoted assured shorthold tenant.
The tenancy (demoted and original) ends the tenant no longer occupies the property as their only or principal home.
The tenancy is no longer demoted if the demotion order is quashed in court. The original secure tenancy resumes.
Last updated: 11 March 2021