Demoted assured shorthold tenancy rules – HA 1988 s. 20B
Defines demoted assured shorthold tenancy from demotion order. Lasts one year; if landlord gives notice, continues until proceedings end or six months.
20B An assured tenancy is an assured shorthold tenancy to which this section applies (a demoted assured shorthold tenancy) if— the tenancy is created by virtue of an order of the court under section 82A of the Housing Act 1985 or section 6A of this Act (a demotion order), and the landlord is a private registered provider of social housing or a registered social landlord. At the end of the period of one year starting with the day when the demotion order takes effect a demoted assured shorthold tenancy ceases to be an assured shorthold tenancy unless subsection (3) applies , but see section 20C . This subsection applies if before the end of the period mentioned in subsection (2) the landlord gives notice of proceedings for possession of the dwelling house. If subsection (3) applies the tenancy continues to be a demoted assured shorthold tenancy until the end of the period mentioned in subsection (2) or (if later) until one of the following occurs— the notice of proceedings for possession is withdrawn; the proceedings are determined in favour of the tenant; the period of six months beginning with the date on which the notice is given ends and no proceedings for possession have been brought. Registered social landlord has the same meaning as in Part 1 of the Housing Act 1996.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section applies when a court makes a demotion order under section 82A of the Housing Act 1985 or section 6A of this Act, turning an existing assured tenancy into a demoted assured shorthold tenancy. The landlord must be a private registered provider of social housing or a registered social landlord.
The tenancy stays as a demoted assured shorthold for one year starting from the day the demotion order takes effect. If before that year ends the landlord gives the tenant a notice of proceedings for possession, the tenancy continues as demoted until one of three events: the notice is withdrawn, the possession proceedings end in the tenant's favour, or six months pass from the notice without any proceedings being brought.
After the year (or later if the above applies) the tenancy ceases to be a demoted assured shorthold, subject to section 20C.
When it applies
- A social landlord gets a demotion order against a tenant for anti-social behaviour, creating this tenancy.
- A tenant receives a possession notice from the landlord within the first year, extending the demoted status.
- The landlord gives notice of proceedings on the last day of the year, so the tenancy continues as demoted until six months later.
- After one year without any notice, the tenancy automatically ceases to be demoted and becomes an assured tenancy (subject to s.20C).
- A private registered provider of social housing uses a demotion order to convert a secure tenancy into a demoted assured shorthold.
What this section does not say
- People often think this section applies to all assured shorthold tenancies, but it only covers those created by a demotion order.
- They may think the one year period starts from the tenancy creation, not from the demotion order taking effect.
- They might think a landlord can extend the demoted period indefinitely by giving multiple notices, but the section only allows one extension until the six-month limit.
- They may believe it applies to private landlords who are not registered social landlords, but it only applies to specific social housing providers.
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This page reproduces the text of HA 1988 s. 20B in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.