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Demoted tenancies
Internal review
Demoted Tenancies (Review of Decisions)(England) Regulations 2004 - Regulations that set out the procedure to be followed when reviewing a landlords decision to end a demoted tenancy. In force in England on 30 July 2004.
Demoted Tenancies (Review of Decisions) (Wales) Regulations 2005 (WSI 2005/1228) - the procedure to be adopted when seeking to convert, in Wales, a tenancy to a demoted tenancy.
R (On the application of Gilboy) v Liverpool City Council
[2007] EWHC 2335 Admin
The ability to apply for a demotion order is now part of the armoury available to social landlords who have to deal with anti-social behaviour. Where an assured tenancy is demoted to an assured shorthold the landlord can terminate the shorthold simply by serving a s21 notice. Where a secure tenancy has been demoted to a demoted tenancy the landlord must if asked in time carry out an internal review prior to bringing the tenancy to an end and commencing proceedings. The review can involve an oral hearing, and the tenant may be represented. If the review concludes that the tenancy is to be terminated the court has no choice but to make an order for possession. In this case the High Court has held that the regulations that provide such a review are not contrary to Article 6 of the European Convention on Human Rights.
Article: Seeking demotion orders by Jon Holbrook of Hardwicke Chambers - A detailed explanation of demotion order and demoted tenancies. (Seeking demotion orders). (Note that the Hardwicke chambers website contains a number of other articles on related topics - www.hardwicke.co.uk/housing/articles
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