http://www.legislation.gov.uk/asp/2025/13/notes/division/4/5Explanatory Notes to Housing (Scotland) Act 2025Scottish GovernmentenKing's Printer for Scotland2026-04-16 13 6 November 2025 142 This section modifies sections 24, 26, 28, 30, 32, 33, 35A, 40 and 43 of the 1987 Act, and also inserts new sections 36A to 36E, 40A and 43A. 143 Section 24(2B) is modified to take account of changes made to section 28 of the 1987 Act that also allow a relevant body to make an application under that section for accommodation or for assistance in obtaining accommodation in respect of a person. Subsection (4) is also modified so that, for the purposes of the 1987 Act, a person is threatened with homelessness if it is likely that the person will become homeless within 6 months. 144 Section 28 is modified so that an application may be made to a local authority by a relevant body in respect of a person (for accommodation or assistance to secure accommodation). But any such application by a relevant body must be made in accordance with new sections 36B or 36C. 145 Section 28 is also modified so that a local authority may no longer make inquiries as to whether a person became threatened with homelessness intentionally, and modifications are made to sections 26, 30(3) and (4), 32(2), (3), (5A) and (6) and 40 in consequence of this change. 146 In section 32, subsection (2) is modified so that the local authority must take reasonable steps to remove or, where this is not possible, minimise the threat of homelessness, and to secure that accommodation is available for occupation by the applicant. New subsection (2ZA) provides that the local authority must take reasonable steps to secure that the accommodation occupied by the applicant, when the application is made, continues to be available for occupation and, only if that accommodation will no longer continue to be available, that other accommodation is available for occupation by the applicant. New subsection (2C) requires the local authority to give the applicant advice and assistance of such type as may be prescribed where the local authority considers it appropriate for the purposes of removing or minimising the threat of homelessness and securing that accommodation continues to be, or is otherwise, available for occupation by the applicant. 147 Where a local authority receives an application for accommodation or for assistance in obtaining accommodation under section 28 of the 1987 Act, section 33 makes provision for the referral of the application to another local authority (including a local authority in England or Wales) if certain conditions are met. But the Homeless Persons (Suspension of Referrals between Local Authorities) (Scotland) Order 2022 (S.S.I. 2022/356) modified section 33 so that a Scottish local authority cannot refer any such application to another Scottish local authority. Section 52(7) of the 2025 Act inserts new subsection (7) into section 33 of the 1987 Act so that a Scottish local authority will not be able to refer an application to a local authority in England or Wales in a case where the application is made in respect of a person by a relevant body. This will avoid extending the existing duty on local authorities in England and Wales (created by section 34(2) of the 1987 Act) by also obliging those authorities to deal with referrals of applications from relevant bodies. 148 Section 35A is modified so that a local authority must, on request by an applicant for accommodation (or for assistance in obtaining accommodation), review any decision as to the requirement to take the step mentioned in new section 36B(2) or the steps mentioned in new section 36C(2). The steps to be taken are explained below in the Notes on each new section. In addition, section 35A is modified to make it clear that the reference in section 35A(2)(a) to any decision under section 32 includes, in particular, any decision as to the steps required under section 32(2) and any decision as to the advice or assistance required under section 32(2C). 149 Section 43 is modified to define “appropriate local authority” and “relevant body”, and to remove the obsolete words “or threatened with homelessness intentionally”. 150 The new sections inserted into the 1987 Act make provision as follows— Section 36A provides that if a relevant body, when assessing the needs of a person in the exercise of its functions, has reason to believe that the person may be homeless or threatened with homelessness, the body must ask the person if this is the case. The relevant body must also ask if the person is aware of any application having been made for accommodation or assistance in getting it under section 28 of the 1987 Act, and whether the person consents to the body making such an application if appropriate. Section 36B provides that, if the relevant body has been informed or otherwise has reason to believe that the person is homeless, the body must make an application under section 28 of the 1987 Act to the appropriate local authority in respect of the person; but only if satisfied that this is appropriate and that it has the person’s consent. Section 36C provides that, if the relevant body has been informed or otherwise has reason to believe that the person is threatened with homelessness, the body must take such action as it considers appropriate to remove that threat or, where this is not possible, to minimise it (other than by making an application under section 28). Before taking any such action, the relevant body must consult other relevant bodies at it considers appropriate and cooperate with them in taking the action. If the body is satisfied that it is unable to take action itself to remove the threat, it must also make an application under section 28 the appropriate local authority in respect of the person; but only if satisfied that this is appropriate and that it has the person’s consent. The relevant body must also take other such action as the Scottish Ministers may by regulations specify under subsection (2)(c) of section 36C. The regulations may include provision specifying: the processes that must be followed in connection with assessing the action required, matters that must be taken into account when carrying out the assessment, and information that must be given to the person in question after the assessment. Regulations may not be made under this subsection (2)(c) unless the Scottish Ministers have consulted every other relevant body, and a draft of the regulations has been laid before, and approved by, the Scottish Parliament (see section 36C(8) and (9)). Section 36D provides that a relevant body may share information with any other relevant body for the purpose of or in connection with the exercise of its functions, or the functions of the other relevant body, under section 36B or 36C. Section 36E provides that a relevant body must, in the exercise of its functions, have regard to the need to prevent homelessness and any relevant guidance issued by the Scottish Ministers. Section 40A confers a regulation-making power on the Scottish Ministers to modify section 24 of the 1987 Act to change the meaning, for the purposes of Part 2 of that Act, of a person who is homeless or of a person who is threatened with homelessness. Regulations may not be made under section 40A unless the Scottish Ministers have consulted every other relevant body, and a draft of the regulations has been laid before, and approved by, the Scottish Parliament (see subsections (3) and (4)). Section 43A gives a regulation-making power to the Scottish Ministers to modify the meaning of “relevant body”. Where they propose to make regulations under this section to add a body to the definition, they must consult the person or a representative. 151 This section inserts new section 40B into the 1987 Act. 152 The new section confers a regulation-making power on the Scottish Ministers to modify, for the purposes of Part 2 of that Act (which makes provision in relation to homeless persons), the meaning of a person becoming homeless intentionally, the power of a local authority to make further inquiries about whether a person became homeless intentionally, and any other provision of the Part that relates to a local authority’s determination as to whether or not a person became homeless intentionally. Regulations may not be made under section 40B unless the Scottish Ministers have consulted local authorities, and a draft of the regulations has been laid before, and approved by, the Scottish Parliament (see inserted subsections (3) and (4)). 153 Section 89 of the 2001 Act provides that a local authority, when required to do so by the Scottish Ministers, must assess housing provision and the provision of related services in its area. Section 54 of the 2025 Act provides that any such assessment must, in particular, assess the needs of persons in the area for, and the availability of, services that must be provided in accordance with section 32B(4) of the 1987 Act and other housing support services. 154 The services that must be provided under section 32B(4) are specified in regulations. The Housing Support Services (Homelessness) (Scotland) Regulations 2012 (S.S.I. 2012/331) specify the following services so far as they are relevant to enabling a person to occupy, or to continue to occupy, residential accommodation as the person’s sole or main residence— advising or assisting a person with personal budgeting, debt counselling or in dealing with welfare benefit claims, assisting a person to engage with individuals, professionals or other bodies with an interest in that person’s welfare, advising or assisting a person in understanding and managing their tenancy rights and responsibilities, including assisting a person in disputes about those rights and responsibilities, advising or assisting a person in settling into a new tenancy. 155 Other “housing support services” (as defined by section 91(8) of the 2001 Act) include any service which provides support, assistance, advice or counselling to an individual with particular needs with a view to enabling that individual to occupy, or to continue to occupy, as a person’s sole or main residence, residential accommodation (other than such excepted accommodation as may be specified in regulations by the Scottish Ministers). 156 This section modifies section 20, 24, 33 and 43 of the 1987 Act. 157 Section 20 of the 1987 Act provides that a social landlord must, in relation to all houses held by it for housing purposes, secure that when selecting tenants a reasonable preference is given to certain persons including homeless persons and persons threatened with homelessness. 158 In the allocation of such housing, a social landlord must take no account of whether an applicant is resident in its area if the applicant runs the risk of domestic abuse and wishes to move into the area. Subsection (2)(a) of section 55 of the 2025 Act replaces the reference to “domestic abuse” with a reference to “abuse” (defined by section 43 of the 1987 Act). The meaning of abuse is also extended by subsection (5) of section 55 to include domestic abuse by a partner or ex-partner within the meaning of section 2 of the Domestic Abuse (Protection) (Scotland) Act 2021. 159 In addition, in the allocation of such housing, a social landlord must, where certain circumstances apply, take no account of the ownership of, or value of, heritable property owned by: the applicant, any person who normally resides with the applicant, or any person who it is proposed will reside with the applicant. One such circumstance is where it is probable that occupation of the property will lead to abuse from someone residing in the property or who previously resided with the person. Subsection (2)(b) of section 55 of the 2025 Act modifies this so that it just has to be probable that occupation of the property will lead to abuse (within the meaning given by section 43 of the 1987 Act, as extended to include domestic abuse by a partner or ex-partner within the meaning of section 2 of the Domestic Abuse (Protection) (Scotland) Act 2021). 160 Section 24(3) of the 1987 Act provides that a person is homeless if, among other things, the person has accommodation, but it is probable that occupation of it will lead to abuse including from someone who previously resided with the person. Section 55(3) of the 2025 Act modifies this so that it just has to be probable that occupation of the accommodation will lead to abuse (within the meaning given by section 43 of the 1987 Act, as extended to include domestic abuse by a partner or ex-partner within the meaning of section 2 of the Domestic Abuse (Protection) (Scotland) Act 2021). 161 Section 33 of the 1987 Act provides that, if a Scottish local authority is satisfied that an applicant under section 28 of the 1987 Act is homeless unintentionally and that certain conditions are met, the local authority may refer any such application made by the homeless person to a local authority in England or Wales. One of the conditions for referral is that neither the applicant nor any person who might reasonably be expected to reside with the applicant (“person A”) will run the risk of abuse in the other local authority’s area from a person with whom, but for the risk of abuse, person A might reasonably be expected to reside, or from a person with whom person A formerly resided. Section 55(4) of the 2025 Act modifies this so that there just needs to be a risk that occupation of accommodation in the other local authority’s district will lead to abuse (within the meaning given by section 43 of the 1987 Act, as extended to include domestic abuse by a partner or ex-partner within the meaning of section 2 of the Domestic Abuse (Protection) (Scotland) Act 2021). 162 Section 14 of the 2001 Act provides that a landlord under a Scottish secure tenancy may raise proceedings by way of summary cause for recovery of possession of the house. Such proceedings may not be raised unless the landlord has, among other things, served a notice on the tenant specifying the ground on which the proceedings are raised. Where such proceedings are to include the ground that rent lawfully due from the tenant has not been paid, the notice must not be served unless the landlord has complied with pre-action requirements in section 14A of that Act. 163 Section 56 of the 2025 Act inserts a new pre-action requirement into section 14A. This applies where a social landlord considers that a tenant has experienced or is experiencing domestic abuse and that this explains or partly explains why the rent lawfully due from the tenant has not been paid. In these circumstances the landlord must take such action to support the needs of the tenant arising in connection with rent arrears as the landlord considers reasonable having regard to its domestic abuse policy under section 56A of the 2001 Act (inserted by section 57 of the 2025 Act). In addition, the landlord must provide the tenant with details of such other support that may be available to the tenant in relation to domestic abuse as the landlord considers appropriate in the circumstances. In this context, “domestic abuse” means abusive behaviour within the meaning of section 2 of the Domestic Abuse (Protection) (Scotland) Act 2021. 164 This section inserts new Chapter 4 into Part 2 (tenants of social landlords) of the 2001 Act. Chapter 4 comprises section 56A. This new section provides that each local authority landlord and registered social landlord must prepare a “domestic abuse policy” on how it will exercise its functions in relation to the needs of tenants who the landlord has reason to believe have experienced, are experiencing or are at risk of domestic abuse, with a view to preventing homelessness. The policy must include a description of the action that the landlord must take in relation to the needs of a tenant in the circumstances mentioned in section 14A(6A) of the 2001 Act (as inserted by section 56 of the 2025 Act). In this context, “domestic abuse” means abusive behaviour within the meaning of section 2 of the Domestic Abuse (Protection) (Scotland) Act 2021. A landlord must have regard to its policy under section 56A when exercising its functions. The landlord must also have regard to any related guidance issued by the Scottish Ministers. 165 Section 31 of the 2010 Act requires the Scottish Ministers to set out standards and outcomes which social landlords should aim to achieve when performing housing activities. The document containing these standards and outcomes is referred to as the “Scottish Social Housing Charter”. Section 32 of the 2010 Act provides that the standards and outcomes set out in the Charter may, for example, relate to various matters mentioned in subsection (1)(b) of that section. One such example is the prevention and alleviation of homelessness. 166 Section 58 of the 2025 Act modifies section 32 of the 2010 Act so that the example of matters in subsection (1)(b), in relation to which standards and outcomes may be set, includes the support (associated with the prevention and alleviation of homelessness) that social landlords should provide to tenants whom they have reason to believe have experienced, are experiencing, or are at risk of, domestic abuse (within the meaning of new subsection (3) of section 32 of the 2010 Act). 167 This section requires the Scottish Ministers to prepare and publish a report on the use of Housing First tenancies as soon as practicable after a period of 12 months beginning with the day on which the section comes into force, and each successive period of 12 months. The report must be laid before the Scottish Parliament as soon as practicable after the reporting period that it covers.