Social landlords in Scotland will soon be able to move tenancies from the abuser to the abused.
Regulations have been laid before the Scottish Parliament to allow social landlords to apply for a court order to enable them to transfer a tenancy.
The new power is expected to apply from August this year.
Scottish Government Housing Secretary Màiri McAllan says: “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.”
Scottish Women’s Aid chief executive Dr Marsha Scott adds: “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.”
The Domestic Abuse (Protection) (Scotland) Act 2021 introduced measures to protect victims of domestic abuse.
Part 2 of the Act, once brought into force through these latest regulations, will provide social landlords with a new discretionary ground to apply to the court for an order to allow them to transfer a tenancy to a victim.
The court will consider whether all of the conditions set out in the new ground, have been met when deciding whether to grant an order to transfer the tenancy to the victim.
This will include, for example, whether the house is the victim’s only or principal home and whether the requirements relating to abusive behaviour have been met.
This article is taken from Landlord Today