A demoted tenancy is, in English law, a type of tenancy created by a court when a housing association get a demotion order from a court. It is typically created when an assured tenant or secure tenant engages in anti-social behaviour. The creation of the demoted tenancy is an alternative to eviction and makes a tenant easier to evict in the future.[1] The Housing Act 1985 established demoted tenancy, and the Housing Act 1996 expanded on it.[2]
In 2024, the UK government introduced legislation to abolish demoted tenancies, but it did not pass into law due to the early general election.
A social landlord can apply to their county court for a demotion order.[3] This is often done when tenants or their visitors engage in repeated anti-social behavior,[3] break terms of the tenancy agreement,[4] or use premises for unlawful purposes.[5][6]
Demotion orders expire after twelve months.[5]
The landlord must provide assured tenants at least two weeks notice, and must provide secure tenants at least four weeks notice on a special form; however, the court can waive notice requirements when it is 'just and equitable' to do so.[7]
Demoted tenants lose their rights as assured or secure tenants, and have the same rights as assured shorthold tenants. Demoted tenants lose the Right to Buy and time spent as a demoted tenant does not count towards the three year qualifying period for the right to buy.[6]
Possession orders are more likely to be granted while demoted tenancy is present,[3] making eviction much easier for landlords.
If demoted tenants follow the terms of the tenancy agreement, they are automatically given assured tenancy after the twelve months.[8]
