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

3. Purpose of the New Abusive Behaviour Ground

3.1 Section 22 of the 2021 Act amends sections 14,16 and schedule 2 of the 2001 Act to create a new ground for recovery of possession and a new procedure called termination of a joint tenant’s interest in a Scottish secure tenancy.

3.2 The purpose of these new powers is to enable social landlords to apply to the court for an order on the new ground to enable certain victim/survivors of domestic abuse to remain in the family home where it is their wish, and where it is safe and appropriate for them to do so. The new powers also encourage social landlords to take a more proactive role in supporting and protecting victim/survivors of domestic abuse.

3.3 The new provisions are aimed at the prevention of domestic abuse and improving the housing outcomes of certain domestic abuse victim/survivors living in social housing who wish to continue living in the family home. This could include situations where they have had to temporarily move out of the family home to escape abuse and want to return to live there permanently to avoid homelessness.

3.4 The use of these powers should however only be considered where this is in the best interests of the victim/survivor and their children and it is safe for them to continue living in, or to return to, the family home.

3.5 Making abusive behaviour a specific ground for eviction also reinforces zero tolerance of domestic abuse, sending a clear message to tenants that domestic abuse is unacceptable and that a potential consequence for a perpetrator could be the loss of their tenancy.

3.6 Section 22(4) of the 2021 Act inserts a new paragraph 15A into schedule 2 of the 2001 Act, creating a new ground on which a social landlord can apply to the sheriff court for an order:

• for recovery of possession of a house let under a Scottish secure tenancy from a perpetrator of domestic abuse to enable the social landlord to transfer the tenancy to the victim/survivor; or
• where the perpetrator and the victim/survivor are joint tenants, to end the perpetrator’s interest in the tenancy and enable the victim/survivor to remain in the family home as sole tenant (or joint tenant with any other individual with a Scottish secure tenancy agreement for the same house).