Housing (Scotland) Act 2025

Housing (Scotland) Act 2025

2025 asp 13

Crown Application

Part 5 - Homelessness Prevention

Tenants affected by domestic abuse

Section 56 - Social landlords: pre-action requirement where domestic abuse is a factor in rent arrears

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.