Demoted tenancies. 4.1 If you, any member of your household or any visitor/s cause anti-social behaviour the council may apply to the County Court to have your secure tenancy changed to a demoted tenancy. If the council decides to apply to the court for an order to demote your tenancy, it will give you a notice of its decision and details of your right to request a review.
4.2 If the council successfully obtains a court order demoting your tenancy this will mean that your tenancy is no longer a secure tenancy and you will only have the rights of an introductory tenant.
Demoted tenancies. If your tenancy is a Secure Tenancy the Court may make it a Demoted Tenancy if we can prove that the grounds for doing so exist and it is reasonable for the Court to make a Demotion Order. If an order is made your tenancy will become a DEMOTED TENANCY for a period of usually one year, after which period your Secure Tenancy is restored. You will still have to comply with all of the obligations of a tenant whilst you are a Demoted Tenant, but your statutory rights will be less. Your statutory rights and obligations under a Demoted Tenancy are explained in the Customer’s Handbook.
Demoted tenancies. Under certain circumstances, we may apply to the County Court to have a Secure Tenancy reduced to a demoted tenancy. This means that your secure tenancy rights are reduced to those for an introductory tenancy for up to a year. You have the right to have your demoted tenancy reviewed by a Senior Manager should it become necessary to start demotion proceedings.
Demoted tenancies. We have the power to apply to a county court for a demotion order if a secure tenant has broken their tenancy agreement by behaving antisocially. A demotion order converts a secure tenancy to a demoted tenancy. A demoted tenancy is similar to an introductory tenancy in that it is a trial tenancy for a period of 12 months. During this period, if you fail to keep to your tenancy agreement and we decide to take action to end your tenancy, we can do so more easily and quickly than with a secure tenancy. This is because the court has only limited powers to prevent a possession order being made against a demoted tenant. If we decide to take action to end your tenancy, we will serve you with a notice of proceedings for possession. If this happens, you will have the opportunity to ask us to review our decision to serve you with the notice. You must make this request within 14 days of receiving the notice of proceedings for possession. During that trial period of 12 months, you must show that you can look after your property and keep to this tenancy agreement. If you break any of the conditions of this agreement while you are a demoted tenant, we can start legal proceedings to repossess your property and you will have to pay the costs, if we are successful in the proceedings. If your secure tenancy is converted to a demoted tenancy, you will lose the rights of a secure tenant (for example, the right to buy) and your rights as a demoted tenant will be similar to, or fewer than, those of an introductory tenant. If we do not take legal action to repossess your property during the 12-month period, the tenancy will automatically be promoted to a secure tenancy. As a demoted tenant you have similar rights to those of an introductory tenant, but you cannot: • apply for the right to buy; • sublet any part of your property; • vote in a ballot to change to a new landlord; • take in a lodger without written permission; • exchange your property (that is, a mutual exchange); or • make any structural alterations to your property. You may, however, apply for permission to put up garden fencing or a garden shed. You will also be allowed to decorate your property and, where appropriate, to have disabled adaptations carried out to your property. Also, as a demoted tenant, you will have fewer legal rights than both introductory and secure tenants to transfer your tenancy to another person, and there are different rights relating to succession.
Demoted tenancies. 3.1 If you, or any person who lives in or visits your home, takes part in anti-social behaviour, or threatens to do so, or has used your home for an unlawful purpose,
3.2 If the Council successfully obtains a court order demoting your tenancy this will mean that you will have a demoted tenancy and you will no longer be a secure tenant whilst the Demotion Order remains in place. A demoted tenancy will last for a year from the date that the Demotion Order takes effect and will then usually revert back to a secure tenancy unless your tenancy is brought to an end because of further anti-social behaviour or other breaches of your tenancy conditions.
Demoted tenancies. 4.1 If you, any member of your household or any visitor/s cause anti-social behaviour the
4.2 If the council successfully obtains a court order demoting your tenancy this will mean that your tenancy is no longer a secure tenancy and you will only have the rights of an introductory tenant.
Demoted tenancies. If you break any of the terms or conditions of your tenancy agreement, your secure tenancy can be changed to a demoted tenancy by a court for 12 months. During this period you have less security and fewer rights: - You are at greater risk of losing your home if you do not keep to this agreement You cannot buy your home You cannot exchange homes with other tenants, sublet a room or assign your property You do not have the right to carry out improvements to your home Joint tenants are jointly and severally entitled to all of the rights and are both required to fulfil all of the obligations set out in this agreement. Joint tenancies are normally between two people. In very exceptional cases, they may be between three or four people. References in this agreement to joint tenants assume that there are only two. If there are more than two, references to both joint tenants should be read as references to all joint tenants. Providing you occupy the property as your only or principal home and you keep to the conditions of the tenancy we will not interfere with your right to quiet enjoyment of the property. We may apply for a court order if you breach your tenancy agreement or if any of the grounds set out in the Housing Xxx 0000 (Schedule 2) apply. We may vary the agreement by either agreeing with you so that the variation will take place or by serving a Notice of Variation upon you. If we serve a Notice of Variation you will have the right to comment on the proposed changes.
Demoted tenancies. In addition, the terms of this agreement conditions apply in part to tenancies which have ceased to be Secure, or Introductory or Demoted Tenancies.
Demoted tenancies. Tenants who have certain types of tenancy have certain statutory rights (such as the right of Assured Tenants to assign their tenancies in certain circumstances). This tenancy agreement is not intended to alter those statutory rules or change or extend those rights. Where there is any conflict between the statutory rules or rights and this tenancy agreement, the statute will prevail. If you are in any doubt you can ask the HfL Managing Agents office. If you live in sheltered accommodation, some of these do not apply and there may be additional conditions that do apply.
Demoted tenancies. If you are a secure tenant and you or someone in your household behaves antisocially, we can demote your tenancy to a less secure type for a period of 12 months. This demotion would take away rights such as the Right to Buy and give you less protection from eviction. Should your behaviour not improve, then the Council can take action to end the tenancy and evict you. If your behaviour was to improve, then your tenancy would revert back to a secure one after 12 months. The procedure for demoting secure tenancies is contained in the Anti Social Behaviour Xxx 0000.
