22 August 2026
As of 1 August 2026, significant legal changes have come into effect in Scotland, providing social landlords with new powers to support victims of domestic abuse. These provisions, part of the Domestic Abuse (Protection) (Scotland) Act 2021, enable social landlords to apply for court orders to end an abuser's tenancy and transfer it to the victim, allowing them to remain in their home safely.
Previously, victims often faced the difficult choice of leaving their homes to escape abuse, leading to upheaval and instability. With these new measures, the onus shifts, making it possible for the abuser to be removed from the tenancy, thereby offering victims the option to stay in familiar surroundings without the presence of their abuser.
Equalities Minister Simita Kumar emphasized the importance of these changes, stating, "Domestic abuse must be eradicated from our society and I am determined to protect the housing rights of women and children, working with the sector to find victims the safest and most suitable form of accommodation to begin to rebuild their lives." She urged social landlords to utilize these new powers appropriately to protect victims of domestic abuse. [Source]
Dr. Marsha Scott, CEO of Scottish Women's Aid, welcomed the provisions, highlighting that housing concerns often prevent victims from leaving abusive situations. She noted that making abusive behavior a ground for eviction could reduce homelessness among women and children by allowing them to stay in their own homes while the abuser is removed. [Source]
For victims, this change means greater stability and security. They can now seek assistance from their social landlords to initiate the process of transferring the tenancy. It's crucial for victims to communicate their situation to their landlord, who can then take the necessary legal steps to apply for a court order.
Social landlords are encouraged to work closely with domestic abuse support services to ensure that victims receive comprehensive assistance. This collaborative approach aims to provide a safe and supportive environment for victims to rebuild their lives.
At Thompson Family Law, we understand the complexities surrounding domestic abuse cases and the importance of secure housing in the recovery process. If you or someone you know is affected by domestic abuse and needs legal advice or support, our experienced team is here to help. We offer compassionate, confidential guidance to navigate these new legal provisions and ensure your rights are protected.
Remember, you are not alone. Support is available, and these new legal measures are a significant step toward providing safety and stability for victims of domestic abuse in Scotland.
Get in touch for a free initial consultation with one of our solicitors.
Contact us