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

17. Raising Proceedings for Recovery of Possession or Termination of a Joint Tenant’s Interest in a Tenancy Under the Abusive Behaviour Ground

17.1 Where an abusive tenant is the sole tenant and the social landlord is of the view that the abusive behaviour ground at paragraph 15A of schedule 2 of the 2001 Act has been met, the social landlord may raise proceedings for recovery of possession under section 14(1)(a) of the 2001 Act for the purpose of recovering possession from the abusive tenant to enter into a tenancy with the victim/survivor instead.

17.2 Where the victim/survivor and the abusive tenant are joint tenants (whether with or without others) and the social landlord is of the view that the abusive behaviour ground at paragraph 15A of schedule 2 of the 2001 Act has been met, the social landlord may raise proceedings for an order to terminate the abusive tenant’s interest in the tenancy under new section 14(1)(b) of the 2001 Act.^[18]

Statement of claim – court summons

17.3 Social landlords should advise the court in the statement of claim section of the court summons (Form 1) whether they wish the court to either:

• consider whether it is reasonable to make an order for recovery of possession or termination of a tenant’s interest in the tenancy;^[19] or
• apply the streamlined process for recovery of possession or termination of a tenant’s interest in a tenancy.^[20]

Period of notice

17.4 Where a social landlord wishes matters to progress more urgently in court where required, the normal 21 day notice period of the summons to the abusive tenant (defender) can be shortened by a sheriff to a minimum of 2 days “on cause shown”.^[21]

Vulnerable witnesses

17.5 Where a person who is giving, or is to give evidence in or for the proceedings, is considered to be a vulnerable witness in terms of the Vulnerable Witnesses (Scotland) Act 2004,^[22] the social landlord should lodge a vulnerable witness application.^[23] This should set out for the court’s consideration, the special measures most appropriate for the purpose of taking the evidence of that person.

Raising proceedings on more than one ground

17.6 The policy intention behind ground 15A is to enable the victim/survivor to remain in or return to the property. Issues arise when combining the new ground 15A with any other ground. This is because it would give rise to two conflicting outcomes. An order granted on the abusive behaviour ground, if satisfied, will enable the social landlord to remove the abusive tenant (and anyone else whose removal is authorised by the decree) from the property (see the amendment to section 216 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 made by The Domestic Abuse (Protection) (Scotland) Act 2021 (Consequential and Supplementary Amendments) Regulations 2026 and the new Form of Charge added by The Removing from Heritable Property (Form of Charge) Amendment (Scotland) Regulations 2025).

17.7 In contrast an order for recovery of possession on any other ground allows all occupants of the property to be removed (see section 216(2) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 and The Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011.

17.8 In addition, an order for recovery of possession on grounds 8-15, requires the court to be satisfied that other suitable accommodation will be available for the tenant when the order takes effect. This is not the case for ground 15A. See also paragraphs 17.9 –17.12 regarding rent arrears.

Rent arrears

17.9 As part of assessing whether a case is suitable for raising court proceedings under paragraph 15A, a social landlord may also be considering any rent arrears and whether domestic abuse has had an impact on the arrears being accrued.

17.10 Where a tenancy has rent arrears associated with it, social landlords should pursue court action under ground 15A only and pursue other routes for recovering rent arrears. In termination of interest cases, (joint tenancies) the social landlord’s approach to supporting domestic abuse victim/survivors with a share of rent arrears (where applicable) should be set out in their Domestic Abuse Policy.

17.11 For the reasons explained at paragraph 17.6 to 17.8 above, pursuing a rent arrears action at the same time as an action for termination of a joint tenant’s interest in a tenancy would not be appropriate. This is because the only outcome of using the rent arrears ground is for recovery of possession of the whole property, whereas the outcome of terminating one tenant’s interest in a joint tenancy is that the other tenant (the victim/survivor) remains in occupation under the tenancy agreement and there would therefore be two conflicting outcomes in this situation.

17.12 Joint tenants are jointly and severally liable for meeting the terms of their tenancy agreement. The victim/survivor’s liability for previous rent arrears or recharges for repairs will therefore still exist under the terms of the original tenancy agreement contract. It is therefore important that social landlords consider appropriate support for the victim/survivor with outstanding financial liabilities accrued as a result of the abuse at the earliest opportunity, in line with their Domestic Abuse Policy.

Abusive tenant’s rights

17.13 As with existing grounds, a tenant who disagrees with a decision taken by the social landlord to raise court proceedings on ground 15A could seek judicial review of the social landlord’s decision to seek a court order and/or defend the action. Tenants may approach the social landlord for advice in connection with the action. However, for advice which is independent, tenants can approach their local Housing Advice Centre (which is independent of social landlords), a Citizens Advice Bureau or a solicitor. If a tenant needs to employ a solicitor then legal aid may be available depending on their income.