Demoted Tenancy

Where a local housing authority, housing action trust or registered social landlord is the landlord of a secure tenancy, section 82A of the Housing Act 1985 lets the landlord 'apply to the county court for a demotion order.' A demotion order takes effect by ending the secure tenancy and, if the tenant stays on, creating a new demoted tenancy: 'the secure tenancy is terminated with effect from the date specified in the order' and 'if the tenant remains in occupation of the dwelling-house after that date a demoted tenancy is created with effect from that date.' The court can only make the order if satisfied 'that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to engage in' conduct capable of causing nuisance or annoyance connected to the landlord's housing management functions, or unlawful use of the accommodation, 'and... that it is reasonable to make the order.'

The demoted tenancy runs for a fixed trial period before reverting to secure status: under section 143B of the Housing Act 1996, 'a demoted tenancy becomes a secure tenancy at the end of the period of one year (the demotion period) starting with the day the demotion order takes effect,' subject to exceptions where the landlord serves a notice of proceedings for possession before the year is up, in which case the tenancy can continue as a demoted tenancy beyond the year while those possession proceedings run their course.