New Legal Provisions Empower Domestic Abuse Survivors to Stay in Their Homes

21 August 2026

As of 1 August 2026, significant legal changes have come into effect in Scotland, offering enhanced protection for survivors of domestic abuse. These provisions, introduced under the Domestic Abuse (Protection) (Scotland) Act 2021, empower social landlords to take decisive action to support victims.

Previously, individuals experiencing domestic abuse often faced the distressing choice of leaving their homes to escape their abuser. The new legislation shifts this burden by allowing social landlords to apply for a court order to end the tenancy of the abuser. If granted, the tenancy can then be transferred to the victim, enabling them to remain in their home where it is safe and appropriate to do so. This approach aims to provide stability and security for survivors, reducing the upheaval associated with relocating.

Equalities Minister Simita Kumar emphasized the importance of these changes, stating, "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 underscores the government's commitment to ensuring that victims have the support needed to rebuild their lives without the added trauma of displacement.

For those affected, it's crucial to know that these provisions are designed to be victim-centered. Social landlords are encouraged to work closely with domestic abuse support services to determine the best course of action for each individual case. If you or someone you know is experiencing domestic abuse and is concerned about housing, reaching out to your social landlord or local support services can provide guidance tailored to your situation.

At Thompson Family Law, we understand the complexities surrounding domestic abuse cases and the importance of a safe and secure living environment. Our team is here to offer compassionate and practical legal advice to help you navigate these new provisions and explore the options available to you.