Scotland victims gain a safer route to keep their homes

beehiveweb.co.uk editorial team 2026-08-01 09:46 3 min read

A row of classic Scottish stone townhouses with multiple windows and chimneys.

By the Beehive Web editorial team | 1 August 2026

Domestic abuse victims in Scottish social housing now have another route to remain in or return to their home, provided that is what they want and it is considered safe and appropriate.

Part 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 came into force on 1 August 2026. It gives social landlords new powers to ask a court to end an abuser’s tenancy in qualifying cases. If the court grants the order, the landlord can transfer the tenancy to the victim.

The change moves responsibility for starting this particular legal process from the victim to the landlord. It does not guarantee that an abuser’s tenancy will end, because the statutory conditions must be met and the courts make the decision.

Social landlords can now act on a tenancy

Previously, domestic abuse victims could face the burden of taking action over their housing while also trying to secure their safety. Under the new provisions, a social landlord can initiate proceedings on domestic abuse grounds in certain circumstances.

The Scottish Parliament approved the regulations in January 2026. Equalities Minister Simita Kumar has urged social landlords to use the powers in appropriate cases, describing insecure housing and the risk of displacement as barriers that can leave victims trapped by abuse.

The measure is intended to place the housing consequences on the abuser rather than requiring the victim and any children in the household to leave. Scottish Women’s CEO Dr Marsha Scott said fear of losing a home or uprooting children can prevent women from leaving abusive partners.

Protection is aimed at victims who want to stay

The provisions may assist social housing tenants who have experienced domestic abuse and want to remain in, or return to, the property. Their wishes, safety and longer-term housing needs remain central to the decision-making process.

Eligibility is not automatic. Conditions considered by the court include whether the property is the victim’s only or principal home and whether the legal requirements concerning abusive behaviour have been satisfied. These are examples rather than a complete statement of every condition under the legislation.

Scotland victims gain a safer route to keep their homes

The protection may be particularly relevant to women and children, whom the Scottish Government identifies as the large majority of people affected in these circumstances. The legal route itself applies only where the statutory criteria are met.

The court order and transfer process

A social landlord must first consider whether the circumstances justify using the new discretionary ground. Official guidance encourages landlords to work with the victim, domestic abuse specialist services and other relevant agencies when assessing immediate safety and sustainable housing options.

Where the landlord decides an application is appropriate, it can ask the court for an order ending the abuser’s tenancy. The court then determines whether all required conditions have been met. The landlord cannot remove the tenancy solely through its own decision.

If the court grants the order, the landlord can transfer the tenancy to the victim. This can allow the victim to stay in the home or return to it without the abuser retaining the tenancy. The outcome will depend on the individual case, the court’s decision and whether remaining in the property provides a safe and suitable option.

Statutory guidance issued to social landlords on 8 June 2026 also stresses tenancy sustainability, recognising that a secure legal right to the home must be considered alongside the household’s safety and longer-term needs.

Where victims and landlords can seek help

Victims who believe the provisions may apply to them can ask their social landlord how the new powers operate in their case. Further advice is available from the Scottish Domestic Abuse and Forced Marriage Helpline.

Social landlords should consult the statutory guidance and involve the victim in identifying the safest immediate and long-term housing option. Readers seeking related UK context can also see how housing support helped a domestic abuse survivor in North Yorkshire.

Source: Scottish Government News

Context & actions About this article

Source check How this report was checked

The report follows the Scottish Government’s account of the new tenancy provisions and distinguishes landlord powers from the court’s final decision.

Checks

The commencement date was confirmed as 1 August 2026.
The legal basis was identified as Part 2 of the Domestic Abuse (Protection) (Scotland) Act...
The landlord application and court-order stages were kept separate.
Eligibility examples and the discretionary nature of the power were retained.

Scottish Government News Check wider coverage