Supporting domestic abuse victims to stay in their homes

Law change will give social landlords greater control to transfer tenancies from abusers to victims

Regulations have been laid in Parliament 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 Parliament’s approval the regulations will bring Part 2 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.

“This change should enable women and their children to stay in their home, their schools and the area where they often have a support network and moves the consequences of abuse where they belong – the abuser.”

Awaab’s Law coming to Scotland

Further protections for social housing tenants

Social housing residents in Scotland will be given greater protection against issues of disrepair in their homes such as damp and mould through the introduction of Awaab’s Law.

Awaab’s Law is named after two-year-old Awaab Ishak who died in 2020 after being exposed to mould in his home in Rochdale.

The Scottish Government intends to introduce amendments to the Housing (Scotland) Bill that will broaden Ministers’ powers to impose timeframes on social landlords to investigate disrepair and start repairs, through regulation, following engagement with the sector.

The regulations will build on provisions already in the Bill on strengthening tenants’ rights and Scotland’s existing legal protections for social tenants such as the Scottish Housing Quality Standard and the Right to Repair Scheme.

Social Justice Secretary Shirley-Anne Somerville said: “Introducing timescales and expectations for repairs aims to make sure this never happens to a child or their family ever again.

“Everyone in Scotland deserves the right to live in a warm, safe and secure home, free from disrepair. We already have a strong set of rights and standards that have been improving in Scotland.

“However, these measures will go even further and give power and confidence to tenants that any issues identified and repairs started in a timely manner, so any issues do not have a detrimental impact on their health.

“Our Housing Bill already contains proposals to improve tenants’ rights, and these measures will strengthen those even further to make sure their home is safe for them and their families.”

Housing (Scotland) Bill | Scottish Parliament Website

Boost for Scotland’s social and affordable housing supply

Efforts to reduce the number of households living in temporary accommodation will be backed by at least £60 million to support a national acquisition plan to increase the supply of social and affordable housing.

The funding will support councils and registered social landlords to purchase properties including empty homes and private sector homes.

Other measures to reduce temporary accommodation will include working with social landlords to increase allocations to homeless households and providing national guidance for local authorities to support good practice around changing temporary accommodation into permanent affordable homes.

Bespoke plans to address specific issues will also be developed with the local authorities with the greatest temporary accommodation pressures.

First Minister Humza Yousaf said: “Housing is crucial to achieving our aspirations of a fairer country.

“We recognise the varying challenges that exist across Scotland and that these cannot be addressed by a single solution.

“That is why the range of actions we will be taking, including our £60 million plan, will help us effect real change.

“A great deal of consideration has been given to the best way to reduce the number of households in temporary accommodation. I am thankful to members of the Temporary Accommodation Task and Finish Group and all its contributors for the role they played in shaping the final recommendations.”


John Mills, Co-Chair of ALACHO and joint chair of the Task and Finish Group, said: “We’re heartened by the Scottish Government’s recognition of the seriousness of the current situation, the damage that is being done to many families living in temporary accommodation for long periods and the increasing challenges councils are facing in meeting their needs.

“We’re particularly pleased by the commitment to a national acquisitions programme to bring more homes into social renting quickly and we look forward to working with the Scottish Government, COSLA and Shelter Scotland to recapture the momentum towards ending homeless that we had pre-pandemic.”

Alison Watson, Director of Shelter Scotland and co-chair of the Temporary Accommodation Task & Finish Group, said: “Scotland is experiencing a housing emergency that is ruining lives. By being here today, the First Minister is showing that he is serious about this emergency.

“At Shelter Scotland, we see the impact of our broken and biased housing system in the work we do with families and individuals trapped in temporary accommodation. When a system isn’t working it is those groups most marginalised – children, disabled people and minoritised ethnic groups – that feel the impact the most.

“That is why I was so honoured to co-chair this expert group which engaged directly with people experiencing homelessness. They identified three key priorities for the Scottish Government. Firstly, buy and build more homes to deal with the current emergency; secondly, prioritise the homes we have for people experiencing homelessness; and finally, fully-fund high-quality services that always treat people with dignity.

“Today’s announcement is the first step in the right direction to bring down the number of households in temporary accommodation from its current record high. It must not be the last.”