Law change will give social landlords power to end domestic abuser’s tenancy

For the first time, social landlords, rather than the victims themselves, will be allowed to take legal action to end an abuser’s tenancy.

Subject to Parliament’s approval, the regulations will bring Part 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 into force.

This will mean that from 1 August 2026, where conditions set out in the new law are met, social landlords will be able to apply for a court order to enable them to transfer a tenancy from an abusive tenant to their victim.

Housing secretary Màiri McAllan said: “Domestic abuse must be eradicated from our society and as housing secretary I am determined to protect the housing rights of women and children.

“No one should have to choose between their safety and their home. These new regulations will give social landlords new powers to protect victims of domestic abuse and hold perpetrators to account.

“By allowing social landlords to take action on behalf of victims, we are removing a significant barrier that has forced too many people to flee their homes to escape abuse. Now, the perpetrator can be made to leave – not leaving this to the victim or survivor.

“This is an important step in our commitment to tackling domestic abuse and to supporting those affected by it to rebuild their lives.”

The Domestic Abuse (Protection) (Scotland) Act 2021 introduced measures to protect victims of domestic abuse. Part 2 of the Act, once brought into force through these latest regulations, will provide social landlords with a new discretionary ground to apply to the court for an order to allow them to transfer a tenancy to a victim.

The court will consider whether all of the conditions set out in the new ground, have been met when deciding whether to grant an order to transfer the tenancy to the victim. This will include, for example, whether the house is the victim’s only or principal home and whether the requirements relating to abusive behaviour have been met.

Guidance for social landlords on the use of the new law is currently being developed. This will encourage social landlords to work in close partnership with other agencies, including domestic abuse specialist services and the victim themselves to determine the best immediate and long-term housing options which will provide safety, security and tenancy sustainability for the individual and their household.

Campaigners have welcomed the new regulations, although Glasgow and West of Scotland Forum of Housing Associations (GWSF) director David Bookbinder bemoaned the length of time it has taken to get to this stage.

“It’s very welcome to see movement on this and the setting of a commencement date,” he told SHN. “GWSF and others have been pressing for this for a number of years now. Being able to remove a perpetrator from a joint tenancy is an essential element in any landlord’s ability to play its part in addressing domestic abuse.

“Whilst we recognise that implementation of these provisions has had to involve numerous arms of the Scottish Government, it really shouldn’t have taken this long, and it’s good that progress has at last been made by the cabinet secretary and her officials.”

Scottish Women’s Aid CEO Dr Marsha Scott added: “Housing is one of the main challenges women face when ending a relationship with an abusive partner and keeping a roof over the heads of their family and avoiding homelessness are critical pressures. Not all can stay in their own homes safely, which is why refuge provision is so important, but for the many who could, this regulatory change will bring much-needed reform.

“This change should enable women and their children to stay in their home, their schools and the area where they often have a support network and moves the consequences of abuse where they belong - the abuser.”