New legislation update - Domestic Abuse (Protection)(Scotland) Act 2021
New legislation update - Domestic Abuse (Protection)(Scotland) Act 2021
All Hjaltland tenants will soon be receiving information on a new piece of key legislation that is coming into force on 1st August 2026. The New Act is designed to give social landlords powers to protect victims and survivors of domestic abuse, whilst at the same time holding perpetrators to account.
The Domestic Abuse (Protection)(Scotland) Act 2021 has created a new ground (15A of the Housing (Scotland) Act 2001) for social landlords to take action where domestic abuse is present in a household.
The purpose of the Act is to enable victims/survivors of Domestic Abuse to remain in the family home where it is their wish to do so and where it is safe and appropriate for them to do so. This ground should only be used where it is in the best interests of the victim/survivor and their children.
Ground 15a can be used when;
- A tenant, who is the sole tenant, has engaged in behaviour which is abusive to a partner or ex partner and certain conditions are met. This will enable the landlord to enter into a new tenancy agreement with the victim/survivor.
- A tenant, who is a joint tenant with their partner or ex partner, has engaged in behaviour which is abusive and certain conditions are met.
Conditions to be met include;
- The house is the victim/survivor’s only or principal home;
- The victim/survivor wishes to continue residing in the house; and
- The social landlord wants –
- To recover possession of the house from that person for the purpose of entering into a tenancy agreement with the victim/survivor, where the abusive tenant is the sole tenant.
- To bring the abusive tenant’s interest in the tenancy to an end, where the abusive tenant is a joint tenant.
Definition
Behaviour by a tenant is abusive of their partner or ex-partner if a reasonable person would consider the behaviour to be likely to cause the partner or ex-partner to suffer physical or psychological harm, which includes fear, alarm or distress. It is important to note there is no requirement for the partner or ex-partner to actually suffer physical or psychological harm. ‘Behaviour’ may consist of a single incident or a course of conduct.
Support is available
Our housing staff have all completed Gender-Based violence training and we would encourage tenants and applicants alike to reach out to us for support and advice. We recognise that victims and survivors may prefer to move to alternative accommodation rather than remain in the family home and our team can sit down and talk through the best way of doing this. Our Allocation Policy is designed in such a way to fully support victims of domestic abuse. All discussions are entirely confidential.
Resources
Safer Shetland - Domestic abuse & GBV | Safer Shetland
Shetland Women’s Aid – 01595 69 2070 Shetland Women's Aid | Shetland's specialist domestic abuse service
The Compass Centre (Shetland Rape Crisis) – 01595 74 7174 The Compass Centre
Support for men experiencing domestic abuse – 0808 801 0327 Domestic Abuse Helpline for Men | Men's Advice Line UK
Respect – for those worried about their behaviour towards a partner or ex partner – 0808 802 4040 Respect | Home