Domestic abuse and eviction: your rights as a tenant

If you are experiencing domestic abuse, your housing security matters as much as your physical safety. Fear of losing a home is one of the main reasons people delay leaving or reporting abuse. Here are the protections available to you if you are a victim of domestic abuse and facing the threat of eviction, or if you need to understand your housing position.

Domestic Abuse Act 2021 protections

The Domestic Abuse Act 2021 introduced a number of housing-related protections, including:

Secure tenancies and abuse: where a social housing tenant has left their home due to domestic abuse and the perpetrator remains, councils have specific duties around rehousing the victim. The Act also confirms that victims of domestic abuse should not be treated as intentionally homeless when making a housing application.

Injunctions: a domestic abuse protection order (DAPO) can include terms that prevent the perpetrator from occupying the shared home, or that require them to leave it. This means it may be possible to remove the perpetrator rather than the victim leaving.

Section 21 evictions: domestic abuse as a factor

The Renters' Rights Act (expected to come into force in 2025) will abolish no-fault Section 21 evictions. Once this happens, a landlord seeking to evict a tenant will need to rely on specific grounds. One of those grounds covers situations where a tenant has used the property for illegal activity, but domestic abuse is not a ground for eviction of the victim. Victims cannot be evicted simply because abuse occurred in the property.

Until Section 21 is abolished, a landlord can still serve a Section 21 notice without giving reasons. If you receive a Section 21 notice and you are a victim of domestic abuse, you should seek housing advice as soon as possible. There may be circumstances in which the notice or timing is linked to the abuse situation (for example, if the landlord is also the perpetrator or is acting at the perpetrator's direction).

Joint tenancies and domestic abuse

Where the tenancy is in joint names and one tenant is a perpetrator of domestic abuse, the situation is legally complex:

• Either joint tenant can give notice to quit, ending the tenancy for both. This has been used by perpetrators to make victims homeless.
• The Domestic Abuse Act 2021 introduced provisions to address this in social housing. Social landlords have the power to grant a new tenancy to the victim in some circumstances.
• In private renting, if the joint tenancy is ended by the perpetrator, the victim may have to apply for emergency accommodation as a homeless person.

If your joint tenancy is at risk because of the perpetrator, seek urgent advice from Citizens Advice, Shelter, or a housing solicitor.

Secure injunctions removing a perpetrator from the home

If you want to remain in your home but the perpetrator needs to leave, you may be able to apply for:

• An occupation order under the Family Law Act 1996, this can require the perpetrator to leave the home, even if they own or rent it
• A domestic abuse protection order under the Domestic Abuse Act 2021

An occupation order can give you the right to remain in the home and exclude the perpetrator. These orders are available whether you are a homeowner or a renter, and in both joint and sole tenancies.

Safe housing routes for domestic abuse victims

If you need to leave your home because of domestic abuse:

• Domestic abuse refuges provide immediate, safe accommodation
• Local authority housing duty: you are likely to be in priority need for social housing. A council cannot treat you as intentionally homeless because you left your home to escape abuse
• Safe rooms and sanctuary schemes: some local authorities offer security improvements to help victims remain safely in their existing home

Disrepair and domestic abuse

If your home has disrepair that your landlord has not fixed, and you have stayed in the property despite the conditions because moving is difficult or dangerous due to your domestic abuse situation, the disrepair is still actionable. Your circumstances, including why you have remained in the property, may be relevant to understanding the full impact of the landlord's failures.

When should I contact Support for Tenants?

We deal with housing disrepair claims. If your home has disrepair that your landlord has not addressed, we can advise on your rights.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Housing Act 1996 (legislation.gov.uk)
• Housing Act 1988 (legislation.gov.uk)
• Equality Act 2010 (legislation.gov.uk)

Related articles

• Housing help for domestic abuse victims
• Equality Act, housing disrepair and reasonable adjustments