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

Annex A

Consolidated Legislation

This Annex has been prepared to assist the reader of this guidance. The amended legislation will be available to be accessed from Legislation once the amendments are in force.

Sections 14, 16 and Schedule 2 of the Housing (Scotland) Act 2001: as amended by section 22 of the Domestic Abuse (Protection) (Scotland) Act 2021 and Regulation 5 of the Domestic Abuse (Protection) (Scotland) Act (Consequential and Supplementary Amendments) Regulations 2026

14 Proceedings for recovery of possession or termination of joint tenant’s interest

This section has no associated Explanatory Notes

(1) The landlord under a Scottish secure tenancy may raise proceedings by way of summary cause for

(a) recovery of possession of the house,

(b) where subsection (1A) applies, termination of a tenant’s interest in the tenancy.

(1A) This subsection applies where—

(a) the tenancy is a joint tenancy, and

(b) the proceedings are raised against the tenant on the ground set out in paragraph 15A of schedule 2.

(1B) In this section and section 16, “the tenant”, in relation to proceedings under subsection (1)(b), means person T (within the meaning of paragraph 15A of schedule 2).

(2) Proceedings under subsection (1)(a) or (b) may not be raised unless—

(a) the landlord has served on the tenant and any qualifying occupier a notice complying with subsection (4),

(b) the proceedings are raised on or after the date specified in the notice, and

(c) the notice is in force at the time when the proceedings are raised.

(2A) Where such proceedings are to include the ground that rent lawfully due from the tenant has not been paid (as set out in paragraph 1 of schedule 2)—

(a) the notice under subsection (2) must not be served unless the landlord has complied with the pre-action requirements in section 14A, and

(b) the proceedings may not be raised unless the landlord has confirmed to the court in such form as the Scottish Ministers may prescribe by regulations that those requirements have been complied with.

(2B) Where such proceedings are to include a ground set out in paragraph 2 or 15A of schedule 2, the landlord must have regard to any guidance published by the Scottish Ministers before raising such proceedings in relation to recovering possession of the house or as the case may be, terminating a tenant’s interest in the tenancy.

(2C) Before publishing any guidance mentioned in subsection (2B), the Scottish Ministers must consult such persons as they consider appropriate.

(3) Before serving a notice under subsection (2) the landlord must make such inquiries as may be necessary to establish so far as is reasonably practicable whether there are any qualifying occupiers of the house and, if so, their identities.

(4) A notice under subsection (2) must be in such form as the Scottish Ministers may prescribe by regulations, and must specify—

(a) the ground, being a ground set out in Part 1 of schedule 2, on which the proceedings are to be raised,

(b) a date, not earlier than—

(i) 4 weeks from the date of service of the notice, or

(i) the date on which the tenancy could have been brought to an end by a notice to quit had it not been a Scottish secure tenancy, whichever is later, on or after which the landlord may raise the proceedings, and

(c) where subsection (2A) applies, the steps taken by the landlord which the landlord considers to constitute compliance with the pre-action requirements in section 14A.

(5) A notice under subsection (2) ceases to be in force 6 months after the date specified in it in accordance with subsection (4)(b) or when it is withdrawn by the landlord, whichever is earlier.

(5A)Where a landlord raises proceedings under this section, the landlord must give notice of the raising of the proceedings to the local authority in whose area the house in question is situated, unless the landlord is that local authority.

(5B) Notice under subsection (5A) is to be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).

(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 than an order is made under section 16(2) or (3ZA).

(5D) The landlord must, in exercising the function conferred by subsection (5C), have regard to any guidance issued by Scottish Ministers about the exercise of that function.

(5E) Before publishing any guidance under subsection (5D) the Scottish Ministers must consult such persons as they consider appropriate.

(6) In this section and section 15, “qualifying occupier” means a person who occupies the house as that person’s only or principal home and who is—

(a) a member of the tenant’s family aged at least 16 years,

(aa) in relation to proceedings raised or to be raised under this section on the ground set out in paragraph 15A of schedule 2, person P within the meaning of that paragraph,

(b) a person to whom the tenant has, with the landlord’s consent under section 32(1), assigned, sublet or otherwise given up possession of the house or any part of it,

(c) a person whom the tenant has, with such consent, taken in as a lodger.

16 Powers of court in proceedings for recovery of possession or termination of joint tenants interest

This section has no associated Explanatory Notes

(1) The court may, as it thinks fit, adjourn proceedings under section 14 on a ground set out in any of paragraphs 1 to 7, 15 and 15A of schedule 2 for a period or periods, with or without imposing conditions as to payment of outstanding rent or otherwise.

(2) Subject to subsection (1), in proceedings under section 14(1)(a) the court must make an order for recovery of possession if it appears to the court—

(a) that—

(i) the landlord has a ground for recovery of possession set out in any of paragraphs 1 to 7 of that schedule and specified in the notice required by section 14, and

(ii) it is reasonable to make the order,

(aa) whether or not paragraph (a) applies, that—

(i) the landlord has a ground for recovery of possession set out in paragraph 2 of that schedule and so specified, and

(ii) the landlord served the notice under section 14(2) before the day which is 12 months after—

(A) the day on which the person was convicted of the offence forming the ground for recovery of possession, or

(B) where that conviction was appealed, the day on which the appeal is dismissed or abandoned,

(b) that—

(i) the landlord has a ground for recovery of possession set out in any of paragraphs 8 to 14 of that schedule and so specified, and

(ii) other suitable accommodation will be available for the tenant when the order takes effect, or

(c) that—

(i) the landlord has a ground for recovery of possession set out in paragraph 15 of that schedule and so specified,

(ii) it is reasonable to make the order, and

(iii) other suitable accommodation will be available for the tenant when the order takes effect.

(d) that—

(i) the landlord has a ground for recovery of possession set out in paragraph 15A of that schedule and so specified,

(ii) the tenant is the sole tenant, and

(iii) it is reasonable to make the order,

(e) whether or not paragraph (d) applies, that—

(i) the landlord has a ground for recovery of possession set out in paragraph 15A of that schedule and so specified,

(ii) the tenant is the sole tenant,

(iii) the tenant has been convicted of an offence—

(A) in respect of the abusive behaviour referred to in sub-paragraph (1) of that paragraph, and

(B) which is punishable by imprisonment, and

(iv) the landlord served the notice under section 14(2) before the day which is 12 months after—

(A) the day on which the tenant was convicted of the offence, or

(B) where that conviction was appealed, the day on which the appeal was dismissed or abandoned.”,

(3) For the purposes of subsection (2)(a)(ii) the court is to have regard, in particular, to—

(a) the nature, frequency and duration of—

(i) where the ground for recovery of possession is one set out in any of paragraphs 1 and 3 to 7 of schedule 2, the conduct taken into account by the court in concluding that the ground is established,

(ii) where the ground for recovery of possession is that set out in paragraph 2 of that schedule, the conduct in respect of which the person in question was convicted,

(b) the extent to which that conduct is or was conduct of, or a consequence of acts or omissions of, persons other than the tenant,

(c) the effect which that conduct has had, is having and is likely to have on any person other than the tenant, and

(d) any action taken by the landlord, before raising the proceedings, with a view to securing the cessation of that conduct.

(3ZA) Subject to subsection (1), in proceedings under section 14(1)(b) the court must make an order for termination of the tenant’s interest in the tenancy if it appears to the court—

(a) that—

(i) the landlord has a ground for termination of the tenant’s interest in the tenancy set out in paragraph 15A of that schedule and specified in the notice required by section 14, and

(ii) it is reasonable to make the order,

(b) whether or not paragraph (a) applies that -

(i) the landlord has a ground for termination of the tenant’s interest in the tenancy set out in paragraph 15A of that schedule and so specified

(ii) the tenant has been convicted of an offence –

(A) in respect of the abusive behaviour referred to in sub-paragraph (1) of that paragraph, and

(B) which is punishable by imprisonment, and

(iii) the landlord served the notice under section 14(2) before the day which is 12 months after –

(A) the day on which the tenant was convicted of the offence or

(B) where the conviction was appealed, the day on which the appeal was dismissed or abandoned.

(3ZB) For the purposes of subsections (2)(d)(iii) and (3ZA)(a)(ii), the court is to have regard, in particular, to any risk that the tenant will engage in further behaviour of the kind mentioned in paragraph 15A of schedule 2,

(3A) Subsections (2) and (3ZA) do not affect any other rights that the tenant may have by virtue of any other enactment or rule of law.

(4) Part 2 of schedule 2 has effect to determine whether accommodation is suitable for the purposes of subsection (2)(b) or (c).

(5) An order under subsection (2) must appoint a date for recovery of possession and has the effect of—

(a) terminating the tenancy, and

(b) giving the landlord the right to recover possession of the house, at that date.

(5A) Where an order is made under subsection (2) in proceedings under section 14 on the ground that rent lawfully due from the tenant has not been paid (as set out in paragraph 1 of schedule 2) or on grounds including that ground—

(a) subsection (5)(a) does not apply,

(b) the tenancy is terminated only if the landlord recovers possession of the house in pursuance of the order,

(c) the order must specify the period for which the landlord's right to recover possession of the house is to have effect (being no longer than any maximum period which the Scottish Ministers by order prescribe), and

(d) the landlord must have regard to any guidance issued by the Scottish Ministers about recovery of possession in pursuance of the order.

(5B) Before making an order under subsection (5A)(c) or issuing guidance under subsection (5A)(d), the Scottish Ministers must consult—

(a) such bodies representing local authorities,

(b) such registered social landlords or bodies representing them,

(c) such bodies representing tenants' interests, and

(d) such other persons,as they think fit.

“(5C) An order under subsection (3ZA) has the effect of bringing to an end the tenant’s interest in the tenancy on the date specified in the order.

(6) Where, in proceedings under section 14 on the ground set out in paragraph 10 of schedule 2, it appears to the court that the landlord intends that—

(a) substantial work will be carried out on the building (or a part of the building) which comprises or includes the house, and

(b) the tenant should return to the house after the work is completed, the court must make an order that the tenant is entitled to return to the house after the work is completed; and subsection (5)(a) does not apply in such a case.

“(7) The landlord must, no later than 28 days after the date of termination of a tenancy which is terminated on the ground set out in paragraph 15A of schedule 2 (or on grounds including that ground), offer a tenancy of the house (beginning as soon as reasonably practicable) to person P.

(8) But the landlord need not comply with the duty imposed by subsection (7) if it is impossible or inappropriate to do so because of circumstances relating to person P.

(9) The landlord must have regard to any guidance issued by the Scottish Ministers about subsections (7) and (8).

(10) The references in subsections (7) and (8) to person P are to the person who, in relation to the house, is person P within the meaning of paragraph 15A of schedule 2.

SCHEDULE 2 SCOTTISH SECURE TENANCY: GROUNDS FOR RECOVERY OF POSSESSION OR TERMINATION OF JOINT TENANT’S INTEREST

(introduced by sections 14, 16, 19, 21 and 22)

PART 1 GROUNDS ON WHICH COURT MAY ORDER RECOVERY OF POSSESSION OR TERMINATION OF JOINT TENANT’S INTEREST

1 Rent lawfully due from the tenant has not been paid, or any other obligation of the tenancy has been broken.

2 The tenant (or any one of joint tenants), a person residing or lodging in the house with, or subtenant of, the tenant, or a person visiting the house has been convicted of—

(a) using the house or allowing it to be used for immoral or illegal purposes, or

(b) an offence punishable by imprisonment committed in, or in the locality of, the house.

3(1) The condition of the house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant (or any one of joint tenants) or any person residing or lodging with, or any subtenant of, the tenant; and in the case of acts of waste by, or the neglect or default of, a person residing or lodging with, or subtenant of, a tenant, the tenant has not, before the making of the order in question, taken such steps as the tenant ought reasonably to have taken for the removal of that person.

(2) In sub-paragraph (1), “the common parts” means any part of a building containing the house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other houses.

4 The condition of any furniture provided for use under the tenancy, or for use in any of the common parts (within the meaning given in paragraph 3(2)), has deteriorated owing to ill-treatment by the tenant (or any one of joint tenants) or any person residing or lodging with, or any subtenant of, the tenant; and in the case of ill-treatment by a person residing or lodging with, or subtenant of, a tenant, the tenant has not, before the making of the order in question, taken such steps as the tenant ought reasonably to have taken for the removal of that person.

5 The tenant and—

(a) the tenant’s spouse or civil partner, or

(b) any person with whom the tenant has, for a period of at least 6 months immediately prior to the commencement of the period referred to below, been living in the house as husband and wife or in a relationship which has the characteristics of the relationship between civil partners, have been absent from the house without reasonable cause for a continuous period exceeding 6 months or have ceased to occupy the house as their principal home.

6 The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant.

7(1) The tenant (or any one of joint tenants), a person residing or lodging in the house with, or any subtenant of, the tenant, or a person visiting the house has—

(a) acted in an anti-social manner in relation to a person residing in, visiting or otherwise engaged in lawful activity in the locality, or

(b) pursued a course of conduct amounting to harassment of such a person, or a course of conduct which is otherwise anti-social conduct in relation to such a person, and it is not reasonable in all the circumstances that the landlord should be required to make other accommodation available to the tenant.

(2) In sub-paragraph (1)—

“anti-social”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance, “conduct” includes speech, and a course of conduct must involve conduct on at least two occasions, “harassment” is to be construed in accordance with section 8 of the Protection from Harassment Act 1997 (c.40).

8(1) The tenant (or any one of joint tenants) or any person residing or lodging with, or any subtenant of, the tenant—

(a) has been guilty of conduct in or in the vicinity of the house which is a nuisance or annoyance, or

(b) has pursued a course of conduct amounting to harassment of a person residing in, visiting or otherwise engaged in lawful activity in the locality, and in the opinion of the landlord it is appropriate in the circumstances to require the tenant to move to other accommodation.

(2) In sub-paragraph (1), “conduct” and “harassment” have the same meanings as in paragraph 7.

9 The house is overcrowded, within the meaning of section 135 of the 1987 Act, in such circumstances as to render the occupier guilty of an offence.

10(1) It is intended within a reasonable period of time to demolish, or carry out substantial work on, the building or a part of the building which comprises or includes the house, and such demolition or work cannot reasonably take place without the landlord obtaining possession of the house.

(2) For the purposes of sub-paragraph (1), “demolition” is to be construed in accordance with section 338(3) of the 1987 Act.

11 The house has been designed or adapted for occupation by a person whose special needs require accommodation of the kind provided by the house and—

(a)there is no person with such special needs occupying the house, and

(b) the landlord requires it for occupation (whether alone or with other members of the person’s family) by a person who has such special needs.

12 The house forms part of a group of houses which has been designed, or which has been provided with or located near facilities, for persons with special needs, and—

(a) there is no person with such a need occupying the house, and

(b) the landlord requires it for occupation (whether alone or with other members of the person’s family) by a person who has such a need.

13 The interest of the landlord in the house is that of a lessee under a lease and that lease either—

(a) has terminated, or

(b) will terminate within a period of 6 months from the date of raising of proceedings for recovery of possession.

14 The landlord is Orkney Islands Council, Shetland Islands Council or Western Isles Council and—

(a)the house is—

(i) held by the council for the purposes of its functions as education authority, and

(ii) required for the accommodation of a person who is or will be employed by the council for those purposes,

(b) the council cannot reasonably provide a suitable alternative house for the accommodation referred to in sub-paragraph (a)(ii), and

(c) the tenant (or any one of joint tenants) is, or at any time during the tenancy has been or, where the tenancy passed to the existing tenant under section 22, the previous tenant at any time during the tenancy was, employed by the council for the purposes of its functions as education authority and such employment has terminated or notice of termination has been given.

15 The landlord wishes to transfer the tenancy of the house to—

(a) the tenant’s spouse or civil partner (or former spouse or former civil partner), or

(b) a person with whom the tenant has, for a period of at least 6 months immediately prior to the date of the application for transfer, been living in the house as husband and wife or in a relationship which has the characteristics of the relationship between civil partners, who has applied to the landlord for such transfer; and the tenant or (as the case may be) the spouse or other person no longer wishes to live together with the other in the house.

15A (1) A person (“person T”) who is the tenant or one of the joint tenants has engaged in behaviour which is abusive of a person (“person P”) who is a partner or ex-partner of person T, and the conditions in sub-paragraph (2) are met.

(2) The conditions are—

(a) person T is the sole tenant, or person T and person P are joint tenants (whether or not with others),

(b) the house is person P’s only or principal home,

(c) person P wishes to continue living in the house,

(d) the landlord wishes—

(i) where person T is the sole tenant, to recover possession of the house from person T for the purpose of entering into a tenancy with person P instead,

(ii) where person T is a joint tenant, to bring person T’s interest in the tenancy to an end.

(3) In sub-paragraph (1)—

(a) “partner or ex-partner of person T” means—

(i) the spouse or civil partner of person T,

(ii) a former spouse or former civil partner of person T,

(iii) a person with whom person T has, in the period of 12 months ending with the date on which the proceedings are raised under section 14(1), lived in the house as if a spouse of person T for a period of, or more than one period amounting in total to, at least 6 months,

(b) the reference to behaviour by person T which is abusive of person P is to be construed in accordance with sections 2 and 3 of the Domestic Abuse (Protection) (Scotland) Act 2021, as if the references in those sections to—

(i) person A were references to person T,

(ii) person B were references to person P.