APPENDIX 1

CONTROL SHEET.

Name of policyDemoted Tenancy Information Leaflet

Status: / FINAL
Reference: / DT/0001/GD
Version / Date / Date Approved / Review Date / Author / Approved By
1 / Aug 2010 / Aug 2010 / Aug 20100 / JR / TBC

Notes/Comments

PHP has developed this information leaflet on Demoted Tenancies to provide clear information for tenants, staff and stakeholders to explain what demoted tenancies are and the circumstances in which we will consider using them. This document also sets out the legal requirements for applying for a Demotion Order, and the processes that PHP must adhere to when considering this type of action to address and tackle ASB.
This guidance should be read in conjunction with:
  • ASB Policy
  • Demoted Tenancy Terms.
  • Demoted Tenancy Procedures.
This policy complies with the legislative requirements set out in:
  • Housing Acts 1985 and 1996
  • Anti-Social Behaviour Act 2003
  • Demoted Tenants (Review) Regulations 2004 – Statutory Instrument 2004 No. 1679 (England) and the Demoted Tenancies (Review of Decisions) (Wales) Regulations 2005 (Wales).

Demoted tenancies – what are they?

A demoted tenancy is a one year probationary tenancy that social landlords can apply to the courts for when a tenant, a member of their household or someone visiting them is causing serious or persistent anti-social behaviour (ASB). It removes many of the rights normally enjoyed by secure tenants, and gives the tenant a last chance to change their behaviour and avoid eviction.

The Anti-social Behaviour Act 2003 is designed to give social landlords a wider range of options to help them tackle ASB more effectively, and demoted tenancies were introduced as one of the new tools for landlords.

Only a County Court judge can demote a tenancy by granting a Demotion Order.

Why PHP has developed this Information Leaflet on demoted tenancies.

This leaflet explains the circumstances in which Poole Housing Partnership (PHP) will consider applying to the court for a Demotion Order and what it will mean for the tenant concerned if one is granted.

PHP is committed to supporting strong, safe and sustainable communities.

To help achieve this, we aim to tackle ASB quickly and effectively and Demotion Orders are one of a wide range of options available to do this.

Demotion Orders are an effective deterrent when tackling ASB, as they give a serious warning to tenants that if ASB continues there can be serious consequences. PHP will apply to the court for a Demotion Order where we consider the ASB serious enough to warrant this type of action and we think it is appropriate to give the tenant concerned a last chance to change their behaviour and avoid losing their home.

We also want to ensure that staff and tenants are clear about the process we must follow when applying for a Demotion Order and that we only do so where we believe it to be appropriate as part of a range of measures put in place along with the services who make up the Safer Poole Partnership.

In what circumstances will PHP apply for a Demotion Order?

PHP will only consider applying to the court for a Demotion Order where we believe it is relevant, proportionate and appropriate.

PHP will apply to the court for a Demotion Order in cases where the ASB is serious or persistent and will do so as a part of a package of enforcement and support, working closely with other Safer Poole Partners to help the tenant and members of their household change unacceptable behaviour.

Types of Evidence that PHP will need to provide to the court.

When we apply to the court for a Demotion Order we will need to demonstrate that we are applying to demote the tenancy because it is relevant, proportionate and appropriate. The types of evidence that the court is likely to want include:

  • Witness statements.
  • Professional witness statements.
  • CCTV footage.
  • Letters of complaint.
  • Diary sheets completed by the complainant.
  • Evidence that other measures have failed to address the ASB problems.
  • Evidence that the incident has been reported to the police or other Safer Poole Partners.

Before we apply for a Demotion Order, we will serve the tenant concerned with a notice before proceedings and, if the court grants this, the secure tenancy ends and is replaced with a demoted tenancy.

What will it mean if my tenancy is demoted?

A demoted tenant loses the right to the following:

  • Take in lodgers.
  • Sub-let part of their home.
  • Structurally change or improve the property.
  • Be placed on the transfer list.
  • Transfer, or apply to transfer another property (except in an emergency, for example fleeing domestic violence).
  • Mutually exchange with another tenant.
  • Assign the tenancy to another, qualifying person.
  • Right to Buy their Council home during the period that the tenancy is demoted.
  • The Right to Buy discount (during the time the tenancy is demoted, this will not count towards the qualifying period nor will it count towards calculating the discount).

While the tenancy is demoted, there are some conditions of the tenancy agreement that will remain the same as those of a secure tenancy. These are:

  • The period of tenancy.
  • The tenants named on the tenancy agreement.
  • The tenant must continue to pay the rent at the right amount and on the day it is due.
  • The tenant must continue to pay any arrears or any other debts owing.
  • The tenant will keep the right to repairs.
  • The tenant must keep to all the other conditions of the tenancy agreement.
  • Any rent that has been paid in advance or credit on in the rent account will be carried over towards the next payment.

Does a demoted tenant lose security of tenure?

Yes. With a demoted tenancy, PHP can decide to bring the tenancy to an end if any other tenancy conditions are breached and not just the ASB that led to the application for a Demotion Order. An example of breaches of tenancy conditions where we may take action to end the demoted tenancy are:

  • Not paying the rent or failing to keep up with an arrangement to pay off any arrears owing.
  • Damage caused to the property.
  • Not maintaining the property or garden in line with the terms of the tenancy conditions.
  • Cause any type of harassment.
  • Using the property for illegal purposes, for example dealing drugs or storing stolen goods.
  • Domestic violence.
  • Behaving in a way that causes distress or annoyance to neighbours.
  • Not occupying the property as your only or principal home.
  • Any other breaches of the tenancy conditions.

How long will I have a demoted tenancy for?

A demoted tenancy will last for twelve months initially, and can only be extended if PHP serves Notice of Intention to Evict on the tenant concerned during this period.

If PHP does not serve Notice of Intention to Evict during the time that a tenancy is demoted and the tenant ceases to continue with the ASB, and does not breach the conditions of the tenancy in any other way, then the demoted tenancy will automatically revert back to a secure tenancy after twelve months.

What will happen if PHP decides to end the demoted tenancy?

If PHP decides to apply to the court to end a demoted tenancy because the tenant continues to cause ASB or breaches any of the other tenancy conditions, we will serve the tenant with Notice of Intention to Evict. The notice will clearly set out all the reasons why PHP is doing this and will tell the tenant the date on which we intend to go to court.

Do I have the right to an appeal if I am served with a Notice of Intention to Evict and I have a demoted tenancy?

Any tenant with a demoted tenancy has the right to request a review of the decision to apply for a Possession Order. When we send out the Notice of Intention to Evict, we will attach a Review Request Form, and this must be completed and returned to uswithin 14 days of the date on the Noticeof Intention to Evict. If a tenant requests a review and we do not receive the Review Request Form within 14 days of the date on the Notice of Intention to Evict, the demoted tenant loses the right to a review.

If we do receive a request for a review within the relevant timescale, we will then write to the tenant within 7 days, with a date and time to attend a review hearing.

At the review hearing, a group of independent and experienced senior members of staff, who have not been involved in the case, will decide, based on the information provided in the Review Request Form, if PHP should continue to ask the court for possession of the property.

If the review panel finds in favour of the tenant, then the demoted tenancy will remain in place and the Notice of Intention to Evict will be withdrawn.

If the panel thinks that it is appropriate to keep the Notice of Intention to Evict in place, the court is likely to confirm our decision and a Possession Order is likely to be made.

Information and Advice.

Tenants can get independent legal advice about demoted tenancies from the Citizens’ Advice Bureau, Shelter or a solicitor.

Citizens’ Advice BureauShelter Dorset

54 Lagland Street30 Poole Hill

PooleBournemouth

BH15 1QGBH2 5PS

01202 6808380808 800 0380

Contact us…

If you would like more information about demoted tenancies you can…

 call our helpdesk on 0800 652 3900 and ask to speak to the Anti-Social Behaviour Co-ordinator or you Housing Officer

 email us at

write to us at:

Poole Housing Partnership

Beech House

28-30 Wimborne Road

Poole

BH15 2BU

If you have a complaint, please contact us for a copy of our Complaints Policy or call the Helpdesk on 0800 652 3900 and ask to speak to our Complaints Officer who will explain what to do and what happens when you make a complaint.

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1 / Demoted Tenancy Guidance: FINAL VERSION
Produced by: Policy and Improvement Team
Author: Janet Read
August 2010. Review date: August 2011