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Demoted tenancy

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									   Housing services




Demoted tenancy
Contents
What is a demoted tenancy?                    4

How does my tenancy get demoted?              4

How will my tenancy change if it’s demoted?   4

What will not change?                         5

How long does a demoted tenancy last?         5

Can anyone succeed to my tenancy if I am a    6
demoted tenant?

Can you evict me?                             6

What can I do to make sure that I don’t get   7
evicted?

I can’t stop the ongoing problems. What can   7
I do? Where can I find help?

Support agencies                              8

Other types of tenancy                        10

Contacting us                                 11




                                                   
What is a demoted tenancy?
A demoted tenancy is less secure than an assured or secure
tenancy¹. We can demote your tenancy if don’t keep to the
terms of your tenancy agreement (unless you are a new
tenant on a probationary tenancy). This leaflet explains why
we might do this and what it would mean for you.

¹ (see the end of this leaflet for an explanation of these terms)


How does my tenancy get demoted?
As a tenant you must keep to terms such as paying your rent
on time and not causing nuisance or annoyance to others
living in your area.

If you break the conditions of your tenancy or your visitors
persistently behave in an anti-social way, we may apply
to the court to demote your tenancy. You will then have a
demoted tenancy. A demoted tenancy is a less secure form
of tenancy agreement: it gives you fewer rights and less
protection from eviction.


How will my tenancy change if it’s demoted?
You will lose several rights, including the right to:
•   exchange your home or get a transfer
•   take in a lodger
•   sublet part of your home
•   pass on your tenancy by assignment
•   make improvements in your home.





What will not change?
Many of the terms of a demoted tenancy are the same as
those you have now, including:
•   the period of your tenancy
•   the parties to the tenancy agreement
•   your obligation to pay rent
•   the date that rent is payable
•   the amount of rent you must pay
•   the amount of arrears you must pay
•   any rent you’ve paid in advance or any credit to your
    rent account – this will be carried over
•   your right to repair
•   the need for you to keep to all the conditions of your
    tenancy.

How long does a demoted tenancy last?
A demoted tenancy lasts for 12 months, unless:
•   we have started court action to evict you during the 12
    months
•   you leave your home
•   the court overturns the order to demote your tenancy
•   you die and no one is entitled to take on the tenancy.
If there are no further problems during the 12 months, we
will automatically give you a new assured tenancy. This
applies even if you had a secure tenancy² before your
tenancy was demoted.

² (see the end of this leaflet for an explanation of these terms)


                                                                    
Can anyone succeed to my tenancy if I am a
demoted tenant?
The rules for passing on a demoted tenancy if you die are as
follows:
•   If you have a joint tenancy, the other joint tenant will
    automatically take over the tenancy when you die.
•   If you are the sole tenant, your tenancy passes (by a
    legal process called succession) to your husband, wife
    or civil partner (or person living with you as your spouse
    or civil partner); or to another member of your family,
    provided they have been living with you for at least one
    year.
If the succession goes ahead, a new tenancy isn’t created
– the old one continues. Only the name on the tenancy will
change. The person taking over the tenancy takes on the
rights and responsibilities of the previous tenant. So the
person taking on the tenancy will be a demoted tenant for
the remaining period of demotion.


Can you evict me?
We can end a demoted tenancy much more easily than
other types of tenancy. If anti-social behaviour persists, or
you break any conditions of the demoted tenancy, we may
take steps to evict you and gain possession of the property.
We can do this without proving a legal reason in court.

We will first send you warning letters. If you go on breaking
conditions, then as a last resort we will serve you a notice
of seeking possession. Once the period of this notice has
ended, we will apply to the court to evict you.





What can I do to make sure that I don’t get
evicted?
You need to keep to your tenancy conditions and any
further conditions placed on you through your demotion
order.

If anti-social behaviour led to the demotion, you must make
sure it stops.

If you owe us any rent, you must pay this and make sure you
pay your rent on time in the future.


I can’t stop the ongoing problems. What can
I do? Where can I find help?
Have you tried contacting the different support agencies
across the city? They are there to help you sort out problems
and keep your tenancy. See the list below.

We can also help you. If other people are causing trouble
in and around your home, we may be able to take action
against them.




                                                            
Support agencies
Community Legal Service Direct
0   

Shelter Advice Helpline
00 00 

London, Hillingdon and Ealing Citizens Advice Bureau
00 12 021

Oxford Citizens Advice Bureau
00 220 00

Reading Citizens Advice Bureau
0 01 9

Carers UK
00 0 

Alcohol Concern
020 2 010

Substance Misuse Team
Department of Health
020 92 2000





MIND (National Association for Mental Health)
London
020 992 00

Oxford
01 11 02

High Wycombe
019  29

Crime and Nuisance Action Team (CANAcT)
01 22 99




                                                9
Other types of tenancy
Secure tenancy
If you became a tenant before 199, you will probably have
a secure tenancy. Secure tenants have rights that are set
down in Acts of Parliament, particularly the 19 Housing
Act.

Assured tenancy
Since 199, new tenants of housing associations like
Catalyst Communities get assured tenancies instead of
secure tenancies. Assured tenancies were created by the
19 Housing Act. Some of your rights as an assured tenant
are set down in Acts of Parliament but most are stated in
the contract (or tenancy agreement) between you and the
landlord.

Probationary tenancy
If you became a tenant during the last year, you may have
a probationary tenancy (also known as a starter tenancy). A
probationary tenancy is an assured shorthold tenancy. This
means it is meant to last for only a short trial period of up
to 12 months. If you keep to your tenancy agreement, the
probationary tenancy automatically becomes an assured
tenancy after 12 months.

We can demote your tenancy only if you have a secure or
assured tenancy now. If you have a probationary tenancy,
we cannot demote your tenancy.




10
Contacting us
By telephone
Ealing office:   020 2 29

Oxford office: 01 122

Reading office: 011 91 2900

Through our website
www.chg.org.uk/catalystcommunities

Write to us and/or visit us
Ealing Office
Ealing Gateway
2–0 Uxbridge Road
London W 2AU

Oxford Office
The Farmhouse
Nightingale Avenue
Blackbird Leys
Oxford OX BU

Reading Office
Enterprise House
9 London Street
Reading RG1 QA




                                     11
This document gives information about your tenancy. If you
need any part of this information in large print, Braille, on
CD or explained in your own language please contact us on
the number below.
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                                 020 8832 3298



                                              CC450-18 August 2008

                                              A charitable housing association

								
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