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.
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 Handbook.
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. 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. Please ask us if you require further information. Derby City Council’s duties to you: Your rights
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. Your rights as a demoted tenant 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, the Council may apply to the court to have your secure tenancy demoted. If the Council applies to the court for a Demotion Order under the Housing Xxx 0000 as amended by Grounds 2a and 2b of the Anti-social Behaviour Xxx 0000, it will give you a notice of its decision and details of your right to request a review.
Demoted Tenancies. The procedure for demoting secure tenancies is contained in the Anti Social Behaviour Xxx 0000. If you are a secure tenant and we believe that you or anyone in your household has been involved in anti social behaviour then we may apply to the county court to demote your tenancy. If the court does give us a demotion order then your tenancy will become the same as an introductory tenancy for the period of one year. If the problems that led to the demotion continue, then we can apply to the court to evict you much more easily and quickly than we can for a secure tenancy.
Demoted Tenancies. 2.5 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 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 periodic tenancy is restored. You will still have to comply with all of the obligations of a tenant whilst you are a demoted tenant, with reduced statutory rights. Your statutory rights and obligations under a demoted tenancy are explained in ‘A Guide to your Home’.
Demoted Tenancies. If you have a secure tenancy and we need to take you to court because you do not keep to the terms of your agreement, the court may decide to change your Secure Tenancy to a Demoted Tenancy. You will not have to leave your home but you will be given a Demoted Tenancy Statement of Terms and you will lose some of your rights these might include the right to buy your home, to exchange tenancies with another tenant, and to pass on your tenancy. A Demoted Tenancy will be reviewed after a set period of time and you may be given a Secure Tenancy Agreement again if there are no further problems.
