Tenant ends a PRPSH demoted tenancy

Different ways of terminating a PRPSH demoted tenancy by landlords or tenants and the change of the tenancy type on expiry of demotion period.

This content applies to England

Expiry of demotion period

A PRPSH tenancy that had been assured or secure prior to demotion to a demoted assured shorthold tenancy becomes a periodic assured tenancy 12 months after the demotion order took effect.[1]

Where the tenancy was a two-year (or more) fixed-term assured 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 tenancy will be a fixed term assured shorthold tenancy

  • the period of the fixed term, which must be a minimum of two years

  • the express terms of the tenancy

Extending demotion period

If the landlord has served a possession notice on the tenant during the demotion period, the demoted tenancy continues until either:[3]

  • six months after the landlord served the notice (if the landlord does not bring proceedings)

  • the landlord withdraws the notice

  • the proceedings are decided in the tenant's favour

Surrender or notice to quit by tenant

A demoted tenant can end the tenancy by serving a valid notice to quit.

A surrender also terminates 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

If the landlord changes and is not a PRPSH, the demoted tenancy ends.

The new tenancy is probably an assured shorthold tenancy, but could be assured (if the landlord specifies it as assured) or secure (if the landlord condition for creating a secure tenancy is met).[4]

Tenant condition

If the tenant is no longer occupying the property as their only or principal home, the tenancy (demoted and original) ends.[5]

Quashed order

The tenancy is no longer demoted if the demotion order is quashed in court. The original status of the 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: 4 March 2021

Footnotes

  • [1]

    s.20B(2) Housing Act 1988.

  • [2]

    s.20BA Housing Act 1988, as inserted by s.163 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.