Demoted Tenancies

Waltham Forest Council operates a system of three types of tenancies: introductory, secure and demoted.

What is a Demoted Tenancy?

A demoted tenancy is a tenancy issued by order of a Court. It lasts for one year, unless it is extended in which case it would last for eighteen months. They can be awarded by a County Court as a remedy to tackle antisocial or nuisance behaviour. The secure tenancy will be then replaced with a less secure ‘demoted’ tenancy, by a Demotion Order from the Court.

The period of demotion will initially be for twelve months from the date the Court makes the Order. However, this period may be extended if the Council serves Notice to seek possession of the property during this period.

The Demotion Orders are used as a remedy, with the emphasis very much on working with tenants to encourage a change in behaviour and help them keep their homes. In many cases, additional help and advice will be offered to help the tenant change their behaviour.

What will happen during the 12-month demoted tenancy?

The tenancy will be monitored and if deemed to have been conducted satisfactorily and the Council has not served a Notice to seek possession of the property, the tenancy will automatically revert to a Secure Tenancy after twelve months.

However, if there are any further breaches of tenancy conditions, or the tenant fails to keep to the terms of their Court Order, the Council will let the tenant know, so that they can put them right. Breaches of tenancy conditions will be investigated carefully and if proven and not resolved, the Council will have no alternative but take action to end the tenancy. However, the demotion period may be extended if possession is sought during this time.

This process will be by an administrative decision by the Council, subsequently confirmed by the Court, if the process has been followed correctly. The Council does not have to present evidence to back up their action.

What are breaches of tenancy conditions’?

During the demotion period, the Council may decide to end the tenancy if any tenancy conditions are breached, for example:

damage to the property
not maintaining gardens
antisocial behaviour in communal areas
failure to pay the weekly rent
causing any type of harassment
using the property for illegal purposes, for example drug dealing, prostitution
if the tenancy was obtained by giving false information
committing domestic violence
committing behaviour which causes distress or annoyance to neighbours
not occupying the property as their only or principal home
throwing things from the property or
breach of any other tenancy condition

Click here for the full tenancy terms & conditions.

Ending a Demoted Tenancy

The Council follows strict guidelines to make sure they are being fair and equitable when dealing with an alleged breach of tenancy.

If the Council decide to end a Demoted Tenancy, they will send the tenant a Notice of Termination. This would mean that after 28 days, the Council intends to apply to the County Court for a Possession Order. This Order is called Notice of Possession Proceedings and will also explain the reasons for ending the tenancy.

Reviewing a decision

The demoted tenant has the right to ask for a Review, if the Council serves a Notice. Reviews Hearings are held by a panel of experienced senior housing officers.

If the tenant asks for a Review, they will also have the right to attend, take someone with them, send someone to represent them to the Review and speak or ask questions. They could also make a written representation. The tenant only has these rights if they tell the Council that they want to make use of them, by returning the Review Request Form within 10 working days of receiving the Notice. The Council will then arrange a Review and inform the tenant of the time and place, within 5 working days.

However, if the tenant does not request a Review within 10 working days, they will lose their right to a Review and cannot ask for another one.

The Review Request Form and its Guidance Notes are enclosed with the Notice that is served at the time. However, if you wish to download a copy of Review Request Form or its Guidance Notes, please click on the links provided.

If you have any queries about this tenancy, please contact Ascham Direct on 020 8496 4197 and speak with your Tenancy Services Officer.

To find more about Demoted Tenancies in detail, please download the full Demoted Tenancies Guide below.