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

Footnotes

1 Ending Homelessness

2 Improving Housing Outcomes Report

3 Domestic Abuse (Protection) (Scotland) Act 2021

4 Domestic Abuse (Protection) (Scotland) Act 2021

5 Model Scottish Secure Tenancy Agreement 2026,

Model Short Scottish Secure Tenancy Agreement (Anti-social Behaviour Grounds) 2026 and

Model Short Scottish Secure Tenancy Agreement (Grounds Unrelated to Anti-social Behaviour) 2026.

6 introduced by section 22(4) of the 2021 Act

7 introduced by section 22(4) of the 2021 Act

8 Part 2 of the 2021 Act

9 Model Scottish Secure Tenancy Agreement 2026,

Model Short Scottish Secure Tenancy Agreement (Anti-social Behaviour Grounds) 2026 and

Model Short Scottish Secure Tenancy Agreement (Grounds Unrelated to Anti-social Behaviour) 2026.

10 Paragraph 15A(3) of schedule 2 of the 2001 Act

11 Paragraph 15(A)(2) of schedule 2 of the 2001 Act

12 Paragraph 15(A)(3)(a)(iii) of schedule 2 of the 2001 Act

13 New subsections (7) and (8) of section 16 of the 2001 Act (inserted by section 22(3)(f) of the 2021 Act)

14 Such as assault, breach of the peace, offences under section 38 or 39 of the Criminal Justice and Licensing (Scotland) Act 2010 or offences under the Sexual Offences (Scotland) Act 2009.

15 Public task | ICO

16 Deciding to share data | ICO

17 Section 14(2) and (4) of the Housing (Scotland) Act 2001

18 Inserted by section 22(2)(a) and (b) of the 2021 Act

19 Section 16(2)(d) and (3ZA)(a) of the 2001 Act

20 Section 16(2)(e) and (3ZA)(b) of the 2001 Act

21 Summary cause rules 4.5(3) Summary cause rules | Scottish Courts

22 section 11(1)(b) of the Vulnerable Witnesses (Scotland) Act 2004 .

23 Section 12(6)(a) of the Vulnerable Witnesses (Scotland) Act 2004, Chapter 18A Summary cause rules | Scottish Courts

24 Section 16(1) of the Housing (Scotland) Act 2001

25 Section 6(1) of the Human Rights Act 1998 and section 6(1) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024. Social landlords are also bound to act in a way which is complaint with these international conventions when carrying out their public functions.

26 New subsection (5C) of section 16(2) of the 2001 Act (inserted by section 22(3)(e) of the 2021 Act).

27 New subsections (7) and (8) of section 16 of the 2001 Act (inserted by section 22(3)(f) of the 2021 Act).

28 Inserted by section 22(3)(b)(ii) and 22(3)(c) of the 2021 Act

29 Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010

30 Domestic Abuse (Scotland) Act 2018

31 As mentioned at paragraph 18.5 of this guidance, the court is also bound to act in a way which is compliant with the European Convention on Human Rights and the United Nations Convention on the Rights of the Child.

32 Inserted by section 22(3)(b)(ii) and 22(3)(c) of the 2021 Act

33 Section 6(1) of the Human Rights Act 1998 and section 6(1) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024. Social landlords are also bound to act in a way which is compliant with these international conventions when carrying out their public functions.

34 216(1A) of the Bankruptcy and Diligence etc. (Scotland) Act 2007

35 216(4) of the Bankruptcy and Diligence etc. (Scotland) Act 2007