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

16. Providing the Abusive Tenant with Advice and Assistance on Finding Alternative Accommodation

16.1 The legislation does not require the social landlord raising the court proceedings to provide alternative accommodation for the abusive tenant and any qualifying occupier if an order on ground 15A is granted by the court. It does however require social landlords to provide them with advice and assistance in relation to finding alternative accommodation.

16.2 A new subsection (5C) is inserted into section 14 of the 2001 Act by the 2021 Act as follows:

“(5C) Where a landlord raises proceedings under subsection (1) which include the ground set out in paragraph 15A of schedule 2, the landlord must, as soon as reasonably practicable after raising the proceedings, give the tenant and any qualifying occupier advice and assistance in relation to the finding of alternative accommodation in the event that an order is made under section 16(2) or (3ZA).”

16.3 This new duty is intended to help prevent homelessness and support the on-going safety of the victim/survivor. When using this new duty the safety of the victim/survivor and any children should be a primary consideration at all stages of the process.

16.4 Social landlords may instead wish to consider facilitating a voluntary move for the perpetrator which would achieve the same outcome of enabling the victim/survivor to remain in the family home.

Meaning of advice and assistance

16.5 “Advice and assistance” could be provided by the social landlord through a housing options approach, or as part of the duty a local authority has in respect of a homelessness application, under section 29 of the Housing (Scotland) Act 1987. In many cases perpetrators find alternative accommodation themselves, however perpetrators left without adequate accommodation could potentially lead to significant increased risk for the victim/survivor.

16.6 The nature of the advice and assistance needed by the abusive tenant and any qualifying occupier who may be facing homelessness will vary from case to case. Housing options advice should however be individually tailored and should be wide-ranging and comprehensive covering, for example:

• Rehousing in the social rented or private rented sectors;
• Home ownership, help to buy/shared ownership.

As soon as reasonably practicable

16.7 The advice and assistance needs to be given as soon as reasonably practicable after raising court proceedings.

16.8 Further information for all social landlords about providing advice and assistance on re-housing options can be found at: Homelessness: code of guidance. Whilst this guidance refers specifically to local authorities’ advice and assistance duties under the 1987 Act, the approach highlighted will also be useful to other social landlords when providing advice and assistance.