Social landlords gain powers to protect abuse victims

New regulations in Scotland will empower social landlords to take legal action to remove perpetrators of domestic abuse from tenancies, allowing victims to remain safely in their homes. This development is significant for landlords as it clarifies their role in supporting vulnerable tenants and managing tenancy transfers under the Domestic Abuse (Protection) (Scotland) Act 2021.

New legal powers for social landlords

From 1 August 2026, social landlords in Scotland will be able to apply to the courts for an order to transfer a tenancy from an abuser to the victim, provided certain statutory conditions are met. This change means landlords can initiate legal proceedings to remove the perpetrator without requiring the victim to take direct action. The regulations bring Part 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 into force, aiming to prevent victims from having to leave their homes to escape abuse.

For landlords and agents, this represents a shift in responsibility and opportunity. They will play a more active role in safeguarding tenants experiencing domestic abuse, ensuring that tenancy rights are protected for survivors. It also emphasises the importance of landlords understanding the legal framework around tenancy transfers in abuse cases and working closely with relevant support services.

Protecting women and children in social housing

Housing Secretary Màiri McAllan has emphasised the government’s commitment to protecting the housing rights of women and children affected by domestic abuse. She stated: “No one should have to choose between their safety and their home.” The new regulations empower social landlords to hold perpetrators accountable by enabling them to take action on behalf of victims, removing a significant barrier that previously forced many to flee their homes.

For landlords, this highlights the critical role social housing providers have in supporting vulnerable tenants and ensuring safe, stable living environments. It also underscores the need for landlords to be aware of the signs of domestic abuse and the processes available to assist tenants in these situations.

Addressing housing insecurity and refuge provision

Campaigners have welcomed the reforms as addressing one of the most challenging obstacles faced by women leaving abusive relationships: housing insecurity. Dr Marsha Scott, chief executive of Scottish Women’s Aid, noted that housing is a major challenge for women ending abusive relationships, with the risk of homelessness being a critical concern.

She explained that while refuge accommodation remains essential for those who cannot safely stay in their own homes, many survivors could remain in their homes if supported by these new tenancy transfer powers. For landlords, this means that alongside providing refuge options, there is now a legal mechanism to help maintain tenancy stability for survivors, reducing the risk of homelessness and the associated costs and complexities.

Court involvement and procedural safeguards

The new framework requires courts to assess whether statutory conditions are satisfied before approving a tenancy transfer. Factors considered will include whether the property is the victim’s main residence and whether the threshold for abusive behaviour has been met. This judicial oversight ensures that tenancy transfers are handled fairly and appropriately.

Government guidance for social landlords is currently being developed to support implementation. This guidance will encourage close collaboration with specialist domestic abuse services and survivors themselves to ensure safety, stability, and the long-term sustainability of tenancies.

For landlords and agents, this guidance will be essential reading to understand their responsibilities and best practices when managing tenancy transfers related to domestic abuse cases. It also highlights the importance of partnership working with support organisations to provide comprehensive assistance to tenants.

Implications for landlords and agents

These new powers represent a significant development in social housing management, reinforcing the role of landlords in protecting vulnerable tenants. Landlords should prepare by familiarising themselves with the Domestic Abuse (Protection) (Scotland) Act 2021 and the forthcoming government guidance. They should also consider training staff to recognise domestic abuse indicators and understand the legal processes involved.

Additionally, landlords may need to review their tenancy management policies and procedures to incorporate these new powers effectively. Collaboration with local domestic abuse support services will be crucial to ensure that victims receive appropriate assistance and that tenancy transfers are handled sensitively and lawfully.

Looking ahead: Trusted Partners Hub launch

The Landlord Association (TLA) is launching a new Trusted Partners Hub in Q1 2026. This platform will feature verified and approved service providers selected to support landlords, tenants, and property management businesses. Legal, trades, insurance, financial, mortgage, tenant screening, and other service providers are invited to register their interest to become TLA service partners. This initiative aims to provide landlords with trusted resources to assist in managing complex tenancy issues, including those related to domestic abuse.

Landlords interested in joining or learning more can register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/