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

20. Service of a Charge Before Removing From a Social Housing Property

20.1 Part 15 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 sets out the procedures for removal from heritable property, including the requirement for a charge to be served by an officer of the court before removing a person, and any effects that person may have, from the property as a result of a court decree.

Protection for the victim/survivor

20.2 The Domestic Abuse (Protection) (Scotland) Act 2021 (Consequential and Supplementary Amendments) Regulations 2026 modify section 216(2) of the 2007 Act for ground 15A cases so that other occupants of the property who derive a right to occupy from the defender can only be removed if the decree authorises their removal or ejection, provided the defender has been charged in accordance with section 216(1).

20.3 This means that where an order is granted on the new ground set out in paragraph 15A of schedule 2 of the 2001 Act and the occupant is the victim/survivor of abusive behaviour (referred to in the new ground) or is otherwise a member of the victim’s family, the victim/survivor (and the victim/survivor’s family) cannot be removed from the property under section 216(2).

Period of charge

20.4 The existing 14 day period of charge applies to decrees for recovery of possession or termination of a tenant’s interest in a tenancy granted under the new domestic abuse ground.^[34] Where the court is satisfied that it is appropriate to do so, the court can however dispense with or vary the period of charge.^[35] Social landlords will therefore wish to consider in each individual case whether it is appropriate to apply to the court for the period of charge to be dispensed with or varied.

New form of charge for removing – domestic abuse ground

20.5 The Removing from Heritable Property (Form of Charge) Amendment (Scotland) Regulations 2025 add a new Form to be used where the decree for removing from heritable property is an order for recovery of possession or an order for termination of a joint tenant’s interest on the ground set out in paragraph 15A of schedule 2 of the 2001 Act where the tenant or joint tenant has engaged in abusive behaviour towards their partner or ex-partner.

20.6 The new Form of Charge makes it clear that the defender is only charged with removing others who derive a right from them to occupy the premises if the decree authorises their removal. This differs from the existing Form of Charge which charges the defender to remove any sub-tenants, dependants and others deriving a right to occupy the premises from them.

20.7 The new Form of Charge is intended to ensure that the defender is not charged with removing their partner or ex-partner and any children who will be remaining in the property.