Demoted tenancies

We can demote your tenancy if you do not keep to the conditions of your tenancy agreement.

What is a demoted tenancy?

A demoted tenancy is less secure than an assured or secure tenancy. We can demote your tenancy if don’t keep to the terms of your tenancy agreement.

If you break the conditions of your tenancy or your visitors persistently behave in an anti-social way, we may apply to the court to demote your tenancy. A demoted tenancy is a less secure form of tenancy agreement as have fewer rights and less protection from eviction.

How will my tenancy change if it’s demoted?

You will lose several rights, including the right to:

  • exchange your home or get a transfer
  • take in a lodger
  • sublet part of your home
  • pass on your tenancy by assignment
  • make improvements in your home.

What will not change?

Many of the terms of a demoted tenancy are the same as those you have now, including:

  • the period of your tenancy
  • your obligation to pay rent
  • the amount of rent you must pay
  • any rent you’ve paid in advance or any credit to your rent account – this will be carried over
  • your right to repair.

How long does a demoted tenancy last?

A demoted tenancy lasts for 12 months, unless:

  • we have started court action to evict the tenant during the 12 months.
  • the tenant leaves the property
  • the court overturns the order to demote the tenancy
  • the tenant dies and no one is entitled to take on the tenancy.

If there are no further problems during the 12 months, we will automatically give you a new assured tenancy. This applies even if you had a secure tenancy before your tenancy was demoted.

Can anyone succeed to my tenancy if I am a demoted tenant?

The rules for passing on a demoted tenancy if you die are as follows:

  1. if you have a joint tenancy, the other joint tenant will automatically take over the tenancy when you die
  2. if you are the sole tenant, your tenancy passes (by a legal process called succession) to your husband, wife or civil partner (or person living with you as your spouse or civil partner); or to another member of your family, provided they have been living with you for at least one year.

If the succession goes ahead, a new tenancy isn’t created and the old one continues. Only the name on the tenancy will change. The person taking over the tenancy takes on the rights and responsibilities of the previous tenant.

Can you evict me?

We can end a demoted tenancy much more easily than other tenancies. If anti-social behaviour persists, or you break any conditions of the demoted tenancy, we may take steps to evict you.

We can do this without proving a legal reason in court. We will first send you warning letters. If you go on breaking conditions, then as a last resort we will serve you a notice of seeking possession. Once the period of this notice has ended, we will apply to the court to evict you.

What can I do to make sure that I don’t get evicted?

You need to keep to your tenancy conditions and any further conditions placed on you through your demotion order. If anti-social behaviour led to the demotion, you must make sure it stops. If you owe us any rent, you must pay this and make sure you pay your rent on time in the future.