Though domestic abuse far less common, Scottish Government again first in UK to legislate to force abusers to leave social housing

BBC Scotland has a tasteless, exploitative image, we won't be using here.

From BBC Scotland News today:

Social landlords are set to be given powers to remove domestic abusers from tenancy agreements, making it easier for some abuse survivors to stay in their homes. Regulations laid before the Scottish Parliament will bring into force provisions on tenancies that were part of a domestic abuse law passed nearly five years ago.

If backed by MSPs, social landlords could apply to the courts to remove people believed to be abusive from tenancy agreements, in effect forcing them to move out. The new regulations, which would apply from 1 August, have been welcomed by domestic abuse campaigners.

This kept until paragraph 7:

Housing Secretary Mairi McAllan confirmed the measures would now be taken forward.

and this till paragraph 12:

Marsha Scott, chief executive of Scottish Women’s Aid, welcomed the change in the law. She said: “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.” https://www.bbc.co.uk/news/articles/cx2px907e9lo

This never mentioned at all:

Are domestic abusers forced to leave social housing in England?

No, domestic abusers (perpetrators) are not automatically forced to leave social housing in England. There is no blanket legal requirement or automatic process that compels a perpetrator to leave simply because they have committed domestic abuse.

What must they go through in England?

If the perpetrator is the sole tenant — The victim (if not on the tenancy) often has to leave the property for safety, and the perpetrator remains unless the landlord takes action (e.g., for anti-social behaviour or criminal convictions related to the abuse). Social landlords may pursue eviction using grounds under housing law if the behaviour breaches the tenancy agreement.

If the tenancy is joint (common in couples or families) — This is the situation where removal of the perpetrator is most feasible. The victim can:

  • Apply to the court for an occupation order (under the Family Law Act 1996) to force the perpetrator to leave the home temporarily or longer-term and stay away.
  • Seek a transfer of tenancy to become the sole tenant.
  • In some cases, the social landlord can seek a court order to end the joint tenancy, evict the perpetrator, and grant a new sole tenancy to the victim (often maintaining the same level of security, such as lifetime secure tenancy). This is encouraged in guidance and supported by provisions in the Domestic Abuse Act 2021, which helps victims retain secure tenancies when re-housed due to abuse.

Government guidance (e.g., from the Homelessness Code of Guidance and statutory guidance on improving access to social housing) explicitly encourages local authorities (when they are the landlord) to consider evicting the perpetrator and allowing the victim to stay in or return to the home.

https://x.com/i/grok?conversation=2009932944131916024

Why is it even more urgent in England?

There were 30 227 cases of reported domestic abuse in Scotland in 2024-2025.1

All things being equal, you might expect the figure for England & Wales to be around 11 times greater, reflecting a population around 11 times greater – 330 000?

In England & Wales in 2024-2025:

The police flagged 797,530 offences as domestic abuse-related in YE June 2025, including 623,430 violence against the person offences.2

Based on these official statistics, domestic abuse seems to be more than twice as common in England & Wales.

Sources:

  1. https://www.copfs.gov.uk/publications/domestic-abuse-and-stalking-charges-in-scotland-2024-2025/html/
  2. https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/crimeinenglandandwales/latest#domestic-abuse
No doubt there are differences in recording which will encourage some to question the above content but imagine it was the other way round would they do the same? There are serious difficulties in comparing drug deaths statistics across the UK and beyond but media continue to ignore these in pursuit of 'drug death capital of Europe' headers.

5 thoughts on “Though domestic abuse far less common, Scottish Government again first in UK to legislate to force abusers to leave social housing

  1. It’s not so simple as the landlord taking them to Court, I have a premonition of ‘where are the costs of doing so be recovered ?’ echoing across the chamber – I agree it’s a move in the right direction but given the vested interests of the current crop of MSPs, and the resident Viceroy Dougie being a total arse, I have doubts it would ever be allowed to pass into law.

    Liked by 1 person

  2. Abused women do not get legal aid. Those who cohabit (the majority) have to put in a claim (1/3) within a year. It can take £thousand and years.

    The Law was changed recently in England, so abused women can get legal aid. They can keep the roof over their heads. Legal Aid has to be paid back in any case.

    Like

Leave a reply to ArtyHetty Cancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.