Housing (Scotland) Act 2025

Housing (Scotland) Act 2025

2025 asp 13

Crown Application

Part 5 - Homelessness Prevention

Tenants affected by domestic abuse

Section 55 - Local authorities etc.: consideration of domestic abuse

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).