Demoted tenancies

These were introduced by the Anti Social Behaviour Act of 2003 and work in a similar way to introductory tenancies.  They have rarely been used in Camden.

• Demoted tenants have fewer rights (they do not have the right to buy, to exchange, to sublet part of their home, have lodgers or to improve their home).
• To grant a demotion order a court must be satisfied that a secure tenant has behaved in a way which is capable of causing nuisance or annoyance that directly or indirectly affects the landlord’s housing management functions (or that they have been involved in illegal activity) and that it is reasonable to make the order.
• A Demotion Order lasts for 12 months during which time if the landlord seeks possession the court should grant it provided that it is satisfied that the correct procedure has been followed. Once a tenancy has been demoted the landlord can decide to end it for any tenancy condition breach, it does not necessarily have to relate to anti-social behaviour.
• A demoted tenancy reverts to a secure tenancy after 12 months unless it is extended by the landlord serving a notice to seek possession. A landlord can extend a demoted tenancy for up to 6 months without having to go back to court in this way but only if there are genuine grounds to seek possession at the time the notice is served.
• It is open to secure tenants to defend demotion proceedings as the court has discretion whether or not to award a Demotion Order. If a Demotion Order is granted and the landlord seeks to bring a tenancy to an end the tenant has a right to request a review of that decision.
• Demotion Orders are considered an effective remedy for ASB because, if it continues after an Order has been granted, a tenancy can be ended provided the correct procedure is followed. If no further action is taken the tenancy reverts to a secure tenancy after 12 months. This is considered to be a powerful incentive for tenants to keep to the tenancy conditions.

See the full procedure here.