Law change will give social landlords greater control to transfer
tenancies from abusers to victims.
Regulations have been laid in Parliament that will make it easier
for victims of domestic abuse to remain safely in their homes
with the tenancy in their name.
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."
Scottish Women's Aid CEO Dr Marsha Scott said:
“We welcome the change in the law, which we have been campaigning
for.
“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.”
Background
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.
