Regulations to help domestic abuse victims stay in their homes

Regulations to help domestic abuse victims stay in their homes

Regulations have been laid at Holyrood that will make it easier for victims of domestic abuse to remain safely in their homes with the tenancy in their name.

For the first time social landlords, rather than the victims themselves, will be allowed to take legal action to end an abuser’s tenancy.

Subject to Holyrood’s approval the regulations will bring part two of the Domestic Abuse (Protection) (Scotland) Act 2021 into force.

This will mean that from 1 August 2026, where conditions set out in the new law are met, social landlords will be able to apply for a court order to enable them to transfer a tenancy from an abusive tenant to their victim.

Housing Secretary Màiri McAllan said: “Domestic abuse must be eradicated from our society and 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.

“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.

“This is an important step in our commitment to tackling domestic abuse and to supporting those affected by it to rebuild their lives.”

Scottish Women’s Aid CEO Dr Marsha Scott 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.”

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