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

Annex B

Section 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 - Meaning of Abusive Behaviour

(1) In this Part, “abusive behaviour by person A” means behaviour by person A which is abusive of person B.

(2) Behaviour by person A is abusive of person B if a reasonable person would consider the behaviour to be likely to cause person B to suffer physical or psychological harm.

(3) Behaviour is behaviour of any kind, including (for example)—

(a) saying or otherwise communicating something as well as doing something,

(b) intentionally failing—

(i) to do something,

(ii) to say or otherwise communicate something.

(4) Behaviour directed at a person is such behaviour however carried out, including (in particular)—

(a) by way of conduct towards property,

(b) through making use of a third party,

as well as behaviour in a personal or direct manner.

(5) In subsection (2), the reference to psychological harm includes fear, alarm and distress.

(6) Behaviour may consist of a single incident or a course of conduct.