New legal housing provisions in Scotland begin to give domestic abuse victims more rights

The Scottish Government has said domestic abuse must be “eradicated from our society” as new legal provisions to protect victims’ housing comes into force.

New legal provisions are set to come into effect on Saturday that will aim to help some domestic abuse victims to remain in their home where it is their wish, and where it is safe and appropriate for them to do so.

The Domestic Abuse (Protection) (Scotland) Act 2021 introduced measures to help protect certain victims of domestic abuse. Part 2 of the Act comes into force on Saturday.

This provides social landlords with a new discretionary ground, where certain criteria are met, to apply to the court for an order to end an abuser’s tenancy and enable the landlord to transfer the tenancy to the victim.

Equalities minister Simita Kumar is urging the sector to make use of these new powers in appropriate cases to remove a “significant barrier” for domestic abuse victims.

Kumar said: “Domestic abuse must be eradicated from our society and I am determined to protect the housing rights of women and children, working with the sector to find victims the safest and most suitable form of accommodation to begin to rebuild their lives.

“Social landlords must make use of these new powers, where appropriate, to protect victims of domestic abuse and I urge them to do so.

“This removes a significant barrier for domestic abuse victims, the vast majority of whom are women and are too often trapped by violence. I will continue to work with the sector to ensure these powers are utilised.”

The provisions will allow social landlords, in certain circumstances, to apply for a court order on domestic abuse grounds to end an abuser’s tenancy.

If an order is granted by the court, the landlord can transfer the tenancy to the victim, allowing them to remain in, or return to, their home.

This means that for the first time, social landlords, rather than victims themselves, have power to help end an abuser’s tenancy.

Chief executive of Scottish Women’s Aid Dr Marsha Scott said she hopes the new regulations will “reduce children’s and women’s homelessness”.

She said: “We welcome the new legal provisions in place from today. For many women experiencing domestic abuse, housing, and fear of uprooting their children, is a barrier when it comes to leaving an abusive partner.

“We hope making abusive behaviour a ground for eviction, will reduce children’s and women’s homelessness by allowing housing officials to help survivors stay in their own homes, forcing the abuser to leave. This should provide safety and stability and move the consequences of abuse onto the abuser for a change.

“We now look forward to Part 1 of the Bill being implemented, which will introduce emergency barring orders as another housing protection, as we continue to work with the Scottish Government, in making Scotland safer for women and children.”