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

4. Short Scottish Secure Tenancies and Scottish Secure Tenancies

4.1 The 2021 Act does not make any changes to bring in specific reference to eviction on the grounds of domestic abuse to the procedures for recovery of possession of short Scottish secure tenancies at section 36 of the 2001 Act.

4.2 Section 36 sets out the arrangements under which a social landlord may recover possession of this type of tenancy where it has reached its term and the specified procedures have been followed. Social landlords can however, as an alternative, take action to recover possession, or terminate a joint tenant’s interest in a house let under a short Scottish secure tenancy, at any point during the tenancy term on the new ground at paragraph 15A of schedule 2 by using the procedures at section 14 of the 2001 Act. The provisions in section 14 and schedule 2 apply to a short Scottish secure tenancy as they do a Scottish secure tenancy.

4.3 The use of the new power to apply for a court order when the relevant ground is met is not mandatory and it is up to individual social landlords to decide whether it is appropriate to use the power depending on the circumstances of an individual case. When the social landlord is considering whether to use the new power, the on-going safety of the victim/survivor and their children should be the paramount consideration. Further guidance on what evidence social landlords should consider before applying to the court for an order on the ‘abusive behaviour’ ground is provided at section 13.