New legal provisions that help some domestic abuse victims to
remain in their home where it's their wish, and where it's safe
and appropriate for them to do so, come into effect today
(Saturday 1 August).
They allow social landlords, in certain circumstances, to apply
for a court order on domestic abuse grounds to end an abuser's
tenancy.
If an order is granted by the court, the landlord can transfer
the tenancy to the victim, allowing them to remain in, or return
to, their home.
This means that for the first time, social landlords, rather than
victims themselves, have power to help end an abuser's tenancy.
Equalities Minister is now urging the sector to
make use of these new powers in appropriate cases.
Ms Kumar said:
"Domestic abuse must be eradicated from our society and I am
determined to protect the housing rights of women and children,
working with the sector to find victims the safest and most
suitable form of accommodation to begin to rebuild their lives.
Social landlords must make use of these new powers, where
appropriate, to protect victims of domestic abuse and I urge them
to do so.
This removes a significant barrier for domestic abuse victims,
the vast majority of whom are women and are too often trapped by
violence. I will continue to work with the sector to ensure these
powers are utilised.
Parliament approved the regulations in January 2026 and today
brings Part 2 of the Domestic Abuse (Protection) (Scotland) Act
2021 into force.
CEO of Scottish Women's Dr Marsha Scott said:
We welcome the new legal provisions in place from today. For many
women experiencing domestic abuse, housing, and fear of uprooting
their children, is a barrier when it comes to leaving an abusive
partner.
We hope making abusive behaviour a ground for eviction, will
reduce children's and women's homelessness by allowing housing
officials to help survivors stay in their own homes, forcing the
abuser to leave. This should provide safety and stability
and move the consequences of abuse onto the abuser for a change.
We now look forward to Part 1 of the Bill being implemented,
which will introduce emergency barring orders as another housing
protection, as we continue to work with the Scottish Government,
in making Scotland safer for women and children.
Background
Domestic abuse victims can obtain further advice on these new
powers from their social landlord, or the Scottish Domestic Abuse and
Forced Marriage Helpline
The Domestic Abuse (Protection) (Scotland) Act 2021 introduced
measures to help protect certain victims of domestic abuse. Part
2 of the Act comes into force on 1 August 2026. This provides
social landlords with a new discretionary ground, where certain
criteria are met, to apply to the court for an order to end an
abuser's tenancy and enable the landlord to transfer the tenancy
to the 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. These conditions 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 was
published on 8 June 2026 and can be found at: Domestic abuse social housing
tenancy provisions: statutory guidance for social landlords -
gov.scot. The guidance encourages 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.
