Getting a social tenancy transferred because of domestic abuse

If you are at risk of domestic abuse and want to stay in your social rented home, the landlord can apply to the court to evict your partner or ex-partner using ground 15A. 

If the court grants the order, you will become the sole tenant.

Only social landlords can use ground 15A. Social landlords are councils or housing associations.

What abusive behaviour means 

Abuse is behaviour that causes or could cause you mental or physical harm. Anyone can experience abuse, including women, men, non-binary people and children.

Examples of abuse include:

• physical or sexual violence

• isolating you from friends or family 

• frightening, humiliating or punishing you

• financial abuse, such as controlling your money or building up debts in your name

• coercive control, such as telling you where you can and cannot go, what you can wear, or monitoring your social media

Behaviour can be abusive even if it only happens once.

Check advice from Scottish Women's Aid for more information on the types of behaviour that can be domestic abuse.

Most social landlords have a Domestic Abuse policy which explains what help they offer to people experiencing domestic abuse. Check your landlord’s website or ask them for a copy.

Grounds social landlords can use to transfer a tenancy

Social landlords can use certain eviction grounds to transfer the tenancy to a tenant's partner or ex-partner.

If your partner or ex-partner is a tenant and they have been abusive to you, the landlord does not need their permission to transfer the tenancy to you. They can apply to the court for an eviction order using ground 15A. 

Eviction means that your partner or ex-partner’s right to live in and enter your home ends permanently.

If they are evicted using ground 15A, you keep your home and become a sole tenant.

There does not need to be a criminal conviction against your partner or ex-partner for the landlord to use ground 15A.

Ground 15A can still be used if you had to flee from the home for your safety, but you want to live there. 

An eviction order is separate to court orders made for your protection, like a non-harassment order. If your partner is evicted, it does not affect those orders.

If you are a joint tenant with your partner or ex-partner

If you and your partner or ex-partner are both named tenants, the landlord can use ground 15A to make you the only tenant.

This means the landlord would evict your partner and end their part of the tenancy. Your landlord can do this if your partner has been abusive to you.

If you live together but you are not a named tenant

If you live in the home but you are not named as a tenant, you are an occupier. The landlord can use ground 15A to evict your partner and give the tenancy to you.

The landlord can do this if your partner has been abusive towards you, and you meet the criteria.

You meet the criteria if the property is your main or only home, and you and the current tenant are:

• married or divorced 

• in a civil partnership, or were in a civil partnership that has now ended

If none of these apply to you, you can still ask the landlord to give the tenancy to you. However, you must have lived in the property as a couple for at least 6 months out of the last 12 months. 

If you had to move to emergency accommodation for your safety, the time you spent there can be counted towards the 6 month requirement.

Step 1: ask the landlord to use ground 15A

You can ask the landlord to evict your partner or ex-partner using ground 15A if they have been abusive towards you and you want to stay in your home.

The landlord will ask you questions so that they understand your situation. They might ask you:

• when and how often it happened or is happening 

• the effect it has on you or your children

• if you have reported the behaviour to the police or another agency

• if they have any criminal convictions for domestic abuse 

• if there are any orders against them, like an exclusion order or non-harassment order

• if you are getting any support, such as from Women’s Aid or social work

You can show them any evidence you have, such as letters from a support worker, photos, crime reference numbers or screenshots of messages. 

You do not have to give the landlord any information you do not want to, or that you do not feel safe to share. They should tell you what you can expect to happen next.

If they plan to use this ground 15A, they must give you and your partner or ex-partner notice.

Help to speak to the landlord about domestic abuse 

You can ask a friend, family member or support worker to help you speak to the landlord. 

Ask the landlord to communicate with you in a certain way if it helps keep you safe. For example only by email, or to only phone you at specific times. 

What to do if the landlord refuses to use ground 15A

The landlord does not have to agree to use ground 15A. If they refuse, ask them to explain in writing:

• why they have made this decision

• what support they will give you instead

If you need help to do this, contact Scottish Women's Aid for advice.

Step 2: getting an eviction order from the court

If the landlord uses ground 15A, they must to apply to the court for an eviction order to end your partner or ex-partner’s tenancy. 

The landlord must tell the court the reason that they have used ground 15A. This means they have to explain the abusive behaviour, which could include using the information you gave them. 

The landlord can also use other evidence, such as information they get from social work or the police, reports from neighbours or their own complaint and repair records.

Your partner or ex-partner can try to defend the eviction. They will be invited to attend the court hearing. If they attend the hearing, they can listen to the landlord’s explanation.  

You do not have to go to court if you do not feel safe. It is the landlord’s responsibility to present the evidence. However, there is support to help you feel safer if you do agree to give evidence. 

The court will decide whether to grant an eviction order against your partner or ex-partner.

If an eviction order is not granted

If the court does not grant an eviction order, check our advice on:

• getting an abusive partner to leave

• your other housing options if you are experiencing domestic abuse

Step 3: getting the tenancy put in your name

If your partner or ex-partner is evicted using ground 15A and you are a joint tenant, you become a sole Scottish secure tenant. This means you are responsible for the whole tenancy. Your rights will stay the same. 

If you are an occupier, the landlord should offer you your own tenancy within 28 days. You will be a sole Scottish secure tenant with strong housing rights

Getting help with housing costs 

Once you are the sole tenant, you will be responsible for paying all of the housing costs. You could get benefits to help with this if you have a low income.

Check if you could get:

• Universal Credit to help pay rent

• Discretionary Housing Payment if your benefits do not cover the rent

If you are worried about being able to pay for your home, speak to a money and debt adviser. They can help you reduce your costs, get benefits, and negotiate repayments on any debts. Check where to get money and debt advice.