Supporting domestic abuse victims

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 Simita Kumar 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.