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

Statutory guidance for social landlords on the use of the powers of the Domestic Abuse (Protection) (Scotland) Act 2021 – Part 2 – Termination of Scottish Secure Tenancies in Cases Involving Abusive Behaviour.


11. Identifying Cases and Housing Options

11.1 Social landlords may become aware of domestic abuse cases within their tenancies through a number of routes, including, self-referral by a victim/survivor themselves, repeat repair requests for damage to the home, staff reports, neighbour reports, multi-agency partnerships, information from Police or Social Work, referrals from Local Authority Homelessness Services, Scottish /Local Women’s Aid or other agencies who are working with people experiencing domestic abuse.

11.2 Social landlords should adopt a victim/survivor centred approach which is trauma informed and responsive. They should work in close partnership with other agencies, as appropriate, including domestic abuse specialist services and the victim/survivor to determine the best immediate and long term housing options which will provide safety, security and tenancy sustainability for the individual and their household.

11.3 The social landlord concerned, in conjunction with victim/survivors and relevant agencies, will require to consider which housing option is best in individual cases. This must include completion of risk assessments to capture ongoing safety planning requirements.

11.4 This could include:

  • provision of emergency accommodation (or signposting to the relevant Local Authority regarding emergency accommodation in the case of Registered Social Landlords);
  • permanent rehousing elsewhere;
  • taking court action on the new ground 15A in schedule 2 of the 2001 Act to recover possession of / end an abusive tenant’s interest in a tenancy, enabling the victim/survivor to remain in the family home, or to return to it if they have already had to flee.

11.5 Social landlords will already have in place procedures and policies for supporting victim/survivors of domestic abuse who live in their tenancies to ensure they are given appropriate advice to make informed choices about their accommodation options.

11.6 In some cases the best housing option to secure safety and security for a victim/survivor and any children, will be rehousing to an alternative tenancy elsewhere.

11.7 Social landlords should consider giving a high level of priority for social housing to anyone who is experiencing domestic abuse. This represents a critical housing need, with the victim/survivor and any children potentially being at severe risk. Housing need is likely to continue to be significant when someone has left their home because of domestic abuse and has not approached statutory homeless services.

11.8 Giving domestic abuse victim/survivors a high level of priority for social housing can support them to secure suitable accommodation and avoid approaching statutory homeless services if that is their choice - Domestic abuse: a good practice guide for social landlords and the Social housing allocations in Scotland: practice guide provide further advice for social landlords.

Contact

Email: Pauline.Brice@gov.scot

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