Domestic Abuse – Social Housing Tenancy Provisions: Statutory Guidance for Social Landlords

10. Only or Principal Home

10.1 The new ground requires the house to be the victim/survivor’s only or principal home.^[11] Each case will turn on the individual circumstances and it will be a matter for the sheriff to decide whether the house is the victim/survivor’s ‘only or principal home’.

10.2 In some cases, the victim/survivor may have fled the family home temporarily because of abuse from their partner or ex-partner. The house may still be the victim/survivor’s only or principal home where they have had to live elsewhere for temporary periods of time due to the abusive behaviour of their partner or ex-partner, or for other reasons such as employment, study or because they are in hospital, but it is the place – in effect the “family home” - the victim/survivor returned to, or intends to return to.

10.3 Where the victim/survivor is not the spouse, former spouse, civil partner or former civil partner of the abusive tenant, the victim/survivor will also be required to have been living with the abusive tenant as their partner, or ex-partner for a total of 6 months in the 12 months prior to action under section 14(1) of the 2001 Act being raised before the ground 15A can be used (paragraph 9.1 of this guidance refers).

10.4 Where the victim/survivor has to move from the family home to emergency/temporary accommodation for their safety but their family home still remains the property tenanted by the abusive tenant, the period in emergency/temporary accommodation counts towards the calculation of 6 months in the preceding 12 months.^[12] Social landlords should use their judgement to determine whether this criteria has been satisfied in any other case.