PART IV

SECURE TENANCIES AND RIGHTS OF SECURE TENANTS

Security of tenure

Demotion because of anti-social behaviour
82A
1
This section applies to a secure tenancy if the landlord is—
a
a local housing authority;
b
a housing action trust;
ba
a private registered provider of social housing;
c
a registered social landlord.
2
The landlord may apply to
the county court
for a demotion order.
3
A demotion order has the following effect—
a
the secure tenancy is terminated with effect from the date specified in the order;
b
if the tenant remains in occupation of the dwelling-house after that date a demoted tenancy is created with effect from that date;
c
it is a term of the demoted tenancy that any arrears of rent payable at the termination of the secure tenancy become payable under the demoted tenancy;
d
it is also a term of the demoted tenancy that any rent paid in advance or overpaid at the termination of the secure tenancy is credited to the tenant’s liability to pay rent under the demoted tenancy.
4
The court must not make a demotion order unless it is satisfied—
a
that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to
engage in—
i
conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or
ii
conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and
b
that it is reasonable to make the order.
5
Each of the following has effect in respect of a demoted tenancy at the time it is created by virtue of an order under this section as it has effect in relation to the secure tenancy at the time it is terminated by virtue of the order—
a
the parties to the tenancy;
b
the period of the tenancy;
c
the amount of the rent;
d
the dates on which the rent is payable.
6
Subsection (5)(b) does not apply if the secure tenancy was for a fixed term and in such a case the demoted tenancy is a weekly periodic tenancy.
7
If the landlord of the demoted tenancy serves on the tenant a statement of any other express terms of the secure tenancy which are to apply to the demoted tenancy such terms are also terms of the demoted tenancy.
7A
In subsection (4)(a)(ii) “
housing accommodation
” includes—
a
flats, lodging-houses and hostels;
b
any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;
c
any common areas used in connection with the accommodation.
8
For the purposes of this section a demoted tenancy is—
a
a tenancy to which section 143A of the Housing Act 1996 applies if the landlord of the secure tenancy is a local housing authority or a housing action trust;
b
a tenancy to which section 20B of the Housing Act 1988 applies if the landlord of the secure tenancy is
a private registered provider of social housing or
a registered social landlord.
S. 82A(4)(a): paras. (i)(ii) and preceding words substituted (6.4.2007 for E. and otherwise prosp.) for words by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 12(2); S.I. 2007/709, art. 4(c)(d) (subject to art. 8)
S. 82A inserted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(2), 93(2); S.I. 2004/1502, s. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)
S. 47, 48, 50, 51, Pt. IV(ss. 79–117) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61
Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)
Pt. IV (ss. 79-117) extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(3)(6) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (subject to transitional provisions in art. 4(b)(c))
S. 82A(1)(ba) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 20(2) (with art. 6, Sch. 3)
Words in s. 82A(8)(b) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 20(3) (with art. 6, Sch. 3)
Words in s. 82A(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
S. 82A(4)(a)(i)(ii) substituted (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 6(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(ii)
S. 82A(7A) substituted (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 6(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(ii)