What is a Demoted Tenancy?

Babergh District Council generally gives each Tenant a secure Tenancy, which gives the Tenant a number of rights which, he/she will remain entitled to so long as they meet the terms and conditions of the Tenancy agreement.

The conditions of the secure Tenancy include such things as ensuring the rent is paid on time and behaving in such a way that does not cause nuisance or annoyance to your neighbours or others living in the area.

Where the terms of the Secure Tenancy are breached by the Tenant, lodgers or his/her visitors persistently behaving in an Anti Social way, the Council may apply to the courts to down grade the Tenancy from Secure to Demoted Tenancy.

Through the demoted tenancy, the tenant will lose a number of rights including the Right to buy and the right to exchange their home with another tenant.

Demoted Tenancies usually remain in force for 12 months.

Why do I have a Demoted Tenancy?

Babergh District Council has obtained a Demotion Order from the courts due to behaviour by you, your lodgers or your visitors. This behaviour has caused nuisance and annoyance to your neighbours, your community and our officers. We may also have demoted your Tenancy if you, your visitors or your lodgers have used your home for illegal purposes.

As we have obtained a Demotion order, your Tenancy will end being a Secure Tenancy and will be replaced by a new Demoted Tenancy for an initial period of 12 months, starting from the date of the court order.

If you fail to comply with the terms of your Demoted Tenancy during the duration of the demotion order, Babergh District Council will apply to the courts for an order giving them the right to evict you from the property.

What will stay the same?

Many of the Terms of the Demoted Tenancy are the same as those of a secure tenancy including;

• The period of the Tenancy
• The parties to the Tenancy agreement
• The date that rent is payable
• The amount of rent you pay
• Any arrears of rent remain payable
• Your right to repair

The Council may also apply any other terms of the Secure Tenancy held prior to the demotion, including responsibilities as specified in the Tenancy Agreement.

What Changes will I see?

As a Demoted Tenant you will have lost a number of Tenancy rights including;

• The Right to Buy
• The right to exchange your home with another Tenant

Ending a Demoted Tenancy

If at the end of the Demotion period, Babergh District Council is satisfied with your conduct and has not served notice to seek possession of the property then the Demoted Tenancy will become a Secure Tenancy.