Social landlords gain powers to protect abuse victims

Social landlords in Scotland are set to gain new powers to keep domestic abuse victims safely in their homes under regulations put before Parliament.

The changes will allow landlords, rather than victims, to take legal action to remove an abuser from a tenancy and place it in the survivor’s name.

If approved, the regulations will bring Part 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 into force.

From 1 August 2026, social landlords will be able to apply for a court order to transfer a tenancy where conditions in the legislation are met.

The aim is to prevent victims being forced to leave their homes to escape harm.

Protect women and children

Housing Secretary Màiri McAllan said: “As Housing Secretary 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.”

She added: “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.”

Refuge is important

Campaigners said the reforms address one of the most difficult obstacles faced by women leaving abusive relationships.

Dr Marsha Scott, the chief executive of Scottish Women’s Aid, said housing insecurity often traps families in dangerous situations.

She said: “We welcome the change in the law, which we have been campaigning for.

“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.”

Courts will decide

Under the new framework, courts will assess whether statutory conditions are satisfied before approving a tenancy transfer.

Factors will include whether the property is the victim’s main residence and whether abusive behaviour thresholds have been met.

Government guidance for social landlords is now being developed.

It will encourage close working with specialist services and survivors themselves to ensure safety, stability and long-term tenancy sustainability.