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

7. When Ground 15A for Ending a Tenant’s Interest in a Tenancy Can Be Used

7.1 Section 22(4) of the 2021 Act inserts a new ground at paragraph 15A of schedule 2 of the 2001 Act (see Annex A) to allow a social landlord to apply to the court for an order for recovery of possession, or an order to end a tenant’s interest in a Scottish secure tenancy, in the following circumstances:

• A tenant, who is a sole tenant, has engaged in behaviour which is abusive of a partner or ex-partner and certain conditions are met. This is to enable the social landlord to enter into a new tenancy with the partner or ex-partner who is the victim/survivor of the abusive behaviour.
• A tenant, who is a joint tenant with their partner or ex-partner, has engaged in behaviour which is abusive of that partner or ex-partner and certain conditions are met. This is to enable the social landlord to end the abusive tenant’s interest in the tenancy and allow the victim/survivor to continue living in the home in circumstances permitted by the amended legislation.

7.2 In order to satisfy the new ground under paragraph 15A, the tenant must have engaged in behaviour which is abusive of their partner or ex-partner and all of the following conditions must also be met:

• The house is the victim/survivor’s only or principal home;
• The victim/survivor wishes to continue living in the house; and
• The social landlord wants —

i. to recover possession of the house from that person for the purpose of entering into a tenancy with the victim/survivor instead, where the abusive tenant is the sole tenant.

ii. to bring the abusive tenant’s interest in the tenancy to an end, where the abusive tenant is a joint tenant.

7.3 Social landlords have discretion over whether to apply to the court for an order on ground 15A. When considering all of the circumstances of the individual case, the on-going safety of the victim/survivor and their children should be the paramount consideration.

7.4 Before raising proceedings on ground 15A, social landlords should ensure, with reference to this statutory guidance, that all of the requirements of ground 15A are met.