New regulations will allow social landlords to evict domestic abusers in Scotland

Regulations to give social landlords new powers to end the tenancies of domestic abusers have been laid before parliament this week. 

These will allow landlords, rather than victims themselves, to apply for a court order to enable them to transfer a tenancy from an abusive tenant to their victim.

Subject to parliament’s approval, the regulations will bring the second part of the Domestic Abuse (Protection) (Scotland) Act 2021 into force from 1 August 2026.

Housing secretary Màiri McAllan said: “Domestic abuse must be eradicated from our society and I am determined to protect the housing rights of women and children.

“No one should have to choose between their safety and their home. These new regulations will give social landlords new powers to protect victims of domestic abuse and hold perpetrators to account.

“By allowing social landlords to take action on behalf of victims, we are removing a significant barrier that has forced too many people to flee their homes to escape abuse. Now, the perpetrator can be made to leave – not leaving this to the victim or survivor.”

Once the latest regulations are brought into force, courts will consider whether all of the conditions set out in the new ground have been met when deciding whether to grant an order to transfer a tenancy to the victim.

This will include, for example, whether the house is the victim’s only or principal home and whether the requirements relating to abusive behaviour have been met.

Guidance for social landlords on the use of the new law is currently being developed. The government said this will encourage social landlords to work in partnership with other agencies, including domestic abuse specialist services and the victim themselves to determine the best immediate and long-term housing options to “provide safety, security and tenancy sustainability for the individual and their household.”

Marsha Scott, chief executive of Scottish Women’s Aid said: “Housing is one of the main challenges women face when ending a relationship with an abusive partner and keeping a roof over the heads of their family and avoiding homelessness are critical pressures. Not all can stay in their own homes safely, which is why refuge provision is so important, but for the many who could, this regulatory change will bring much-needed reform.

“This change should enable women and their children to stay in their home, their schools and the area where they often have a support network and moves the consequences of abuse where they belong - the abuser.”