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Part VE+W Conduct of tenants

[F1Chapter 1AE+W

Textual Amendments

F1Pt. 5 Ch. 1A inserted (30.6.2004 for E., 30.9.2004 for W. for specified purposes, 30.4.2005 for W. so far as not already in force) by Anti Social Behaviour Act 2003 (c. 38), s. 93, Sch. 1 para. 1; S.I. 2004/1502, art. 2(a)(iii); S.I. 2004/2557, art. 2(a)(ii); S.I. 2005/1225, art. 2(b)

General provisionsE+W

Demoted tenancies [F2: England] E+W

Textual Amendments

143ADemoted tenanciesE+W

(1)This section applies to a periodic tenancy of a dwelling-house [F3in England] if each of the following conditions is satisfied.

(2)The first condition is that the landlord is either a local housing authority or a housing action trust.

(3)The second condition is that the tenant condition in section 81 of the Housing Act 1985 is satisfied.

(4)The third condition is that the tenancy is created by virtue of a demotion order under section 82A of that Act.

(5)In this Chapter—

(a)a tenancy to which this section applies is referred to as a demoted tenancy;

(b)references to demoted tenants must be construed accordingly.

Textual Amendments

Duration of demoted tenancyE+W
143BDuration of demoted tenancyE+W

(1)A demoted tenancy becomes a secure tenancy at the end of the period of one year (the demotion period) starting with the day the demotion order takes effect; but this is subject to subsections (2) to (5).

(2)A tenancy ceases to be a demoted tenancy if any of the following paragraphs applies—

(a)either of the first or second conditions in section 143A ceases to be satisfied;

(b)the demotion order is quashed;

(c)the tenant dies and no one is entitled to succeed to the tenancy.

(3)If at any time before the end of the demotion period the landlord serves a notice of proceedings for possession of the dwelling-house subsection (4) applies.

(4)The tenancy continues as a demoted tenancy until the end of the demotion period or (if later) until any of the following occurs—

(a)the notice of proceedings is withdrawn by the landlord;

(b)the proceedings are determined in favour of the tenant;

(c)the period of 6 months beginning with the date on which the notice is served ends and no proceedings for possession have been brought.

(5)A tenancy does not come to an end merely because it ceases to be a demoted tenancy.

Change of landlordE+W
143CChange of landlordE+W

(1)A tenancy continues to be a demoted tenancy for the duration of the demotion period if—

(a)at the time the demoted tenancy is created the interest of the landlord belongs to a local housing authority or a housing action trust, and

(b)during the demotion period the interest of the landlord transfers to another person who is a local housing authority or a housing action trust.

(2)Subsections (3) and (4) apply if—

(a)at the time the demoted tenancy is created the interest of the landlord belongs to a local housing authority or a housing action trust, and

(b)during the demotion period the interest of the landlord transfers to a person who is not such a body.

(3)If the new landlord is [F4a private registered provider of social housing,] a registered social landlord or a person who does not satisfy the landlord condition the tenancy becomes an assured shorthold tenancy.

[F5(4)If the new landlord—

(a)is neither a private registered provider of social housing nor a registered social landlord, and

(b)satisfies the landlord condition,

the tenancy becomes a secure tenancy.]

(5)The landlord condition must be construed in accordance with section 80 of the Housing Act 1985.]

Textual Amendments