Part 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 gives social landlords new legal powers related to domestic abuse.

If you suspect a tenant of domestic abuse towards their partner or ex-partner, you can apply to the court to end their tenancy.

The result could be:

• transferring the person’s sole tenancy to the partner or ex-partner
• ending the person’s part of a joint tenancy

This means the person experiencing abuse can choose to stay in their home after their abuser is removed.

This law does not give the police new powers. But, in some situations, we might be able to share information to help with the legal case.

This law applies to social landlords who suspect a tenant of abusive behaviour to their partner or ex-partner.

Social landlords are:

• registered social housing landlords (RSLs)
• local authority (LA) landlords
• Scottish Water (when they act as landlords)

This law does not apply to private landlords.

The court makes the decision to remove a person’s tenancy.

But you can ask us for information to support your application.

Information we can share

We can only share information in a way that’s:

• legal (we’re allowed to share it)
• necessary (it’s needed to keep someone safe)
• proportionate (sharing it is the right thing to do given the situation)

We cannot share information:

• about anyone under 18
• that we do not own (such as criminal convictions)

Our guidance document can tell you more about:

• who can request infomation
• what information we can share
• what you can do with the information
• how long the process might take

Download our guide on requesting information from us (DOCX, 30KB)

How to request information

To ask us for information to help you end someone's tenancy, fill out our landlord information request form (DOCX, 79KB) and email it to DomesticAbusePt2InfoRequests@scotland.police.uk.

This law focuses on three broad areas of abusive behaviour.

The first area involves direct physical violence or threat. The behaviours include:

• violence
• threats
• intimidation
• any type of sexual violence

The second area relates to how it makes the partner or ex-partner feel. This behaviour is directed at them, their child, or another person. This can be through verbal or physical action.

The behaviour aims to make the person feel:

• dependent on the perpetrator
• isolated from friends, relatives, or support networks
• controlled or monitored
• deprived of freedom
• frightened
• humiliated
• degraded
• punished

The third area is when the abuser intentionally fails to do or share something. Examples include when they:

• do not tell their partner or ex-partner about appointments
• share times and dates of social events
• feed a family pet