Domestic Abuse and Housing

The House of Commons Library has just issued a report on Domestic abuse and housing supportIt can be seen here.

Whilst aimed at the recipient of abuse, it can affect landlords:

1. Tenancy Rights and Termination

If a tenant experiencing domestic abuse needs to leave the property, landlords may be affected by:

  • Joint tenancies: Where both perpetrator and survivor are named tenants, a landlord may not end the tenancy at the request of just one party. Survivors may apply to court for a transfer of tenancy under the Family Law Act 1996.

  • Ending a tenancy: Survivors may leave suddenly, sometimes without notice, leaving rent unpaid or the property vacant.

  • Legal protections: Landlords cannot evict a tenant or press them to leave just because of a domestic abuse situation. Doing so could breach harassment or unlawful eviction laws under the Protection from Eviction Act 1977.


2. Housing Benefit and Rent Arrears

If a survivor flees the property:

  • Landlords may experience gaps in rent, especially if the survivor is the tenant and housing benefit ends when they leave.

  • Housing benefit may continue to cover two homes for up to 52 weeks if the tenant has fled due to fear of violence and intends to return, or while securing alternative accommodation.


3. Security Improvements (Sanctuary Schemes)

If a tenant wants to stay in the home but needs it to be safer:

  • Local authorities may offer sanctuary scheme upgrades (e.g. alarms, door reinforcement). These are funded by councils, but landlords must usually consent.

  • Social and private landlords are encouraged to cooperate with sanctuary scheme installations, especially where it supports a tenant to remain safely.


4. Secure Tenancies in Social Housing

Under section 79 of the Domestic Abuse Act 2021, if a survivor is granted a new council home due to abuse and had a lifetime tenancy before, they are entitled to another secure tenancy. This affects:

  • Local authority landlords, who must provide a secure (not flexible) tenancy.

  • Housing associations, who may also be asked to support transfers or new tenancies for survivors.


5. Management Transfers and Housing Allocation

Social landlords may be asked to:

  • Consider a management transfer if a tenant is at risk due to domestic abuse.

  • Support the tenant’s application for social housing in another area, even if the landlord’s usual policies require a local connection.
    New 2025 regulations (SI 2025/706) prohibit local connection tests for domestic abuse survivors.


6. Legal and Ethical Responsibilities

Landlords, especially in the social sector, are increasingly expected to:

  • Train staff on recognising signs of abuse and responding appropriately.

  • Have clear domestic abuse policies in place.

  • Support referrals to local authorities, refuges, or specialist support services.

Failure to do so could result in:

  • Legal risk (discrimination, data breaches, failure to safeguard).

  • Reputational damage, especially for social landlords or those in accreditation schemes.


Summary: Key Actions for Landlords

Responsibility Private Landlords Social Landlords
Cooperate with sanctuary schemes ✔️ ✔️
Understand court orders and tenancy rights ✔️ ✔️
Facilitate urgent moves or transfers ✔️
Ensure compliance with homelessness/housing law ✔️ ✔️
Apply secure tenancy protections (if applicable) ✔️
Avoid unlawful eviction ✔️ ✔️
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