Demoted tenancy

Manchester City Council v Pinnock [2010] UKSC 45; TLR 4 November

A demoted tenancy, which limits eviction rights for a year, came into force through the Anti-social Behaviour Act 2003. It significantly limits the tenant’s security of tenure without the landlord council having to satisfy a court that its application for possession meet the requirements for possession under s84 of the Housing Act 1985. The demoted tenancy regime, intended to protect neighbours from antisocial behaviour by council tenants or their family, was compatible with the right to respect for the home because a judge, asked to make a possession order against a demoted tenant, could consider whether it was proportionate to make the order sought and could investigate and determine any relevant issues of fact.