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

2. Introduction and Background

2.1 The Homelessness and Rough Sleeping Action Group was set up in 2017 to make recommendations to Scottish Ministers on what was needed to transform temporary accommodation and end homelessness in Scotland. The Action Group published its final report ”Ending Homelessness” in June 2018, making over 70 recommendations, including a recommendation specifically focusing on tenancy sustainment for domestic abuse victim/survivors.^[1]

2.2 As part of this work, a working group was set up by the Scottish Government, co-chaired by Scottish Women's Aid and the Chartered Institute of Housing Scotland, to look at actions needed to improve housing outcomes for women and children experiencing domestic abuse, with an initial focus on the social housing sector.

2.3 The group began work in early 2020 but, due to the pandemic, its work was curtailed until summer 2020. The work of the group included detailed consideration of transferring social housing tenancies to domestic abuse victim/survivors. The group strongly supported legislative changes to enable social landlords to take legal action to end a perpetrator’s interest in a tenancy and transfer the tenancy to the victim/survivor of domestic abuse.^[2]

2.4 Having a legal route to apply to the court for an order to end a domestic abuse perpetrator’s tenancy (where certain conditions are met), enables social landlords to take a more proactive role in supporting and protecting victim/survivors of domestic abuse. Where an order is granted by the court, this will support victim/survivors, to live permanently in the family home. It also reinforces social landlords’ zero tolerance of domestic abuse to their tenants.

2.5 The Domestic Abuse (Protection) (Scotland) Act 2021 (“the 2021 Act”) has two parts. Part 1 covers Domestic Abuse Protection Notices and Domestic Abuse Protection Orders.^[3]

2.6 Neither a Domestic Abuse Protection Notice nor a Domestic Abuse Protection Order is however required before a social landlord can use the provisions at Part 2 of the 2021 Act.

2.7 Part 2 (Section 22) of the 2021 Act^[4] amends the Housing (Scotland) Act 2001 (“the 2001 Act”) to provide social landlords with a new ground to apply to the court for an order which will have the effect of enabling the landlord to transfer a tenancy to a victim/survivor. This will allow social landlords, rather than the victim/survivor themselves, to take action in court to transfer the tenancy.

2.8 This statutory guidance and new Model Scottish Secure Tenancy Agreements 2026^[5] will support social housing landlords to use the provisions in the Act. This guidance applies to use of the new ground 15A under schedule 2 of the 2001 Act (as introduced by section 22 of the 2021 Act). It does not cover any other support or actions social housing landlords in Scotland may undertake in domestic abuse cases. General guidance on how social landlords can support victim/survivors of domestic abuse can be found at: Domestic Abuse Guidance.

2.9 This guidance and the new provisions will come into effect from 1 August 2026.

2.10 The Scottish Government has prepared the following secondary legislation in connection with the coming into effect of Part 2 of the 2021 Act which social landlords will wish to note:

• The Domestic Abuse (Protection) (Scotland) Act 2021 (Commencement No. 1) Regulations 2025 which set 1 August 2026 as the date for the provisions at Part 2 of the 2021 Act coming into force. The Regulations also bring sections 2 and 3 of Part 1 of the 2021 Act (which set out the meaning of abusive behaviour and what constitutes abusive behaviour for all provisions in the Act) into force on the same date but only for the purposes of Part 2 of the Act.
• The Domestic Abuse (Protection) (Scotland) Act 2021 (Consequential and Supplementary Amendments) Regulations 2026 which make a number of consequential and supplementary amendments to support the commencement of sections 2,3 and 22 of the 2021 Act to provide that:
  • proceedings for termination of a joint tenant’s interest can be raised in court using summary cause procedure (or simple procedure once it comes into force);
  • for a decree granted on ground 15A, the removal of any occupant deriving right to occupy the property from the abusive tenant does not apply to the victim/survivor of abuse or a member of the victim/survivor’s family (unless that family member is named in the decree). Further information can be found at sections 20.2 to 20.3 of this guidance; and
  • the victim/survivor of abuse is included in the definition of qualifying occupier for ground 15A cases. Further information about what this means for the social landlord and the victim/survivor can be found at sections 15.6 to 15.8 of this guidance.
• The Bankruptcy and Diligence etc. (Decrees for Removing from Heritable Property) (Scotland) Amendment Order 2025 which adds a warrant of ejection obtained in connection with an order for termination of a tenant’s interest in a tenancy to the list of decrees, orders and warrants covered by the general procedures to be followed when removing a person from heritable property. This ensures that the general procedures for removing will apply to such warrants.
• The Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Amendment Regulations 2025 which add a new Form of Notice to be used by a social landlord when notifying a tenant and any qualifying occupier under a Scottish secure tenancy that proceedings are to be raised on the ground set out in paragraph 15A of schedule 2 of the 2001 Act.^[6] Further information can be found at section 15 of this guidance.
• The Removing from Heritable Property (Form of Charge) Amendment (Scotland) Regulations 2025 which add a new Form of Charge to be used by sheriffs’ officers where the decree for removing from heritable property is an order for recovery of possession or termination of a joint tenant’s interest on the ground set out in paragraph 15A of schedule 2 of the 2001 Act.^[7] Further information can be found at sections 20.5 to 20.7 of this guidance.

2.11 The Explanatory Notes for Part 2 of the 2021 Act describe in full the effect of these provisions. Details of the legislative changes made to the Housing (Scotland) Act 2001 by the 2021 Act are shown in a consolidated way at Annex A.

2.12 In addition, the Explanatory Notes for Sections 2 and 3 of Part 1 of the 2021 Act describe in full the meaning of abusive behaviour and what constitutes abusive behaviour which apply to both Part 1 and Part 2 of the 2021 Act.

2.13 The changes introduced by Part 2 of the 2021 Act^[8] give social landlords the following discretionary powers which can be used where all of the criteria set out in ground 15A are met:

• to apply to the court for an order for repossession of a sole tenancy on the ground of abusive behaviour which, if granted, will enable them to enter into a tenancy agreement with the victim/survivor as a sole tenant. As a result, this will allow the victim/survivor to remain in, or return to, the family home as the sole tenant (or joint tenant with another person). Further information about when this power can be used can be found at section 7 of this guidance.
• to apply to the court for an order to terminate a perpetrator’s interest in a joint tenancy on the ground of abusive behaviour, which if granted, will allow the victim/survivor to remain in or return to the property. Further information about when this power can be used can be found at section 7 of this guidance.

2.14 For the purposes of this guidance, victim/survivor is referring to person P as defined in Part 2 of the 2021 Act.