Social landlords will have power to evict domestic abusers

Social housing providers in Scotland could soon have the power to transfer tenancy agreements from abusers to their victim — but only if MPs approve the changes. The measure would mark a significant step in tackling domestic abuse and protecting women.

Domestic abuse: The shadow pandemic

The regulations will bring into force the second part of the Domestic Abuse Protection (Scotland) Act 2021, from 1 August 2026.

From 2023-24, Police Scotland recorded 63,867 incidents of domestic abuse. This increased 3% on the previous year. Of course, police reports are merely the tip of the iceberg. The majority of women are not able to report incidents to the police for many reasons, including fear of homelessness.

In total, 90% of all incidents of domestic abuse in Scotland occurred in a home — putting many abuse victims in harm’s way.

The original bill introduced measures to protect victims of domestic abuse. Now, part two of the bill will provide social landlords with the discretionary power to apply to the court for an order allowing them to transfer a tenancy to a victim.

Under the new law, landlords will be able to seek a court order if:

• The property is the victim’s only or principal home
• Evidence of abusive behaviour satisfies statutory requirements

It is hoped that the bill will encourage social landlords to work in close partnership with other agencies. This includes domestic abuse specialist services and the victims themselves — ensuring the voices of abuse victims are audible.

The idea behind the law is to provide stability and security to anyone affected by domestic abuse. This will prevent further abuse and also reduce the risk of homelessness.

Women’s homelessness

Domestic abuse is one of the biggest drivers of women’s homelessness. Often, women are forced to choose between leaving an abuser and having a place to live.

One in five women who have experienced male violence are made homeless. In comparison, only 1% of women without violent experiences become homeless.

Of all women experiencing homelessness, 61% have experienced intimate partner violence. Additionally, 43% have also experienced violence from family members.

Women’s Aid previously indicated a 30% shortfall in refuge spaces in England.

To make matters worse, previous research from the Centre for Homelessness Impact found a severe lack of support that enabled women to stay in their homes. This new legislation in Scotland would both reduce the need for refuge spaces and allow women to remain in their homes.

Scottish Women’s Aid CEO Dr Marsha Scott 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.

Feature image via Unsplash/Tarun Savvy