Landmark Bill and Landlords’ new powers to evict perpetrators of domestic abuse

The Government's landmark Social Housing Bill returned to Parliament for its second reading earlier this month. The Bill contains new proposed grounds for possession where a tenant has engaged in domestic abuse, including a new absolute or mandatory ground where the tenant has been convicted of a relevant domestic abuse offence. 

Crucially, under the new proposals,  courts will be able to evict perpetrators of domestic abuse from social housing without the victim having to leave first. Abusers will be evicted from social homes and victims will be able to stay safely in their communities.  

The new absolute/mandatory ground will operate similarly to the existing absolute/mandatory grounds for anti-social behaviour. In summary, the court will have to grant possession in the following circumstances:

1. the tenant has been convicted of a specified domestic abuse offence or the tenant has breached a  non-molestation order or domestic abuse protection order;
2. the offence or breach happened after the relevant provisions in the proposed Bill have come into force; and
3. a victim of the abuse was a resident partner or a resident family member of that partner

The Bill also introduces a specific discretionary ground for possession where a tenant has perpetrated domestic abuse against a resident partner or their family member. This will be appropriate for cases where there is evidence of the tenant engaging in domestic abuse but there has not been a relevant conviction or breach that would give rise to a mandatory ground.

Importantly, where the perpetrator and victim in a domestic abuse case are joint tenants, the Bill introduces a mechanism requiring that rather than the Court making a possession order, the perpetrator’s interest is transferred so that the tenancy becomes a sole tenancy in the name of the victim (or if it was a joint tenancy of more than two parties, the tenancy would become a joint tenancy held by the non-perpetrators).  This is important because it avoids the need for landlords to end the tenancy for the victim in order to remove the perpetrator. 

To protect victims, the requirement for the Court to transfer the tenancy would not apply where the court considers it would be inappropriate for them to remain in the property due to reasons relating to the abuse and suitable alternative accommodation would be available to them if a possession order is made. In those limited circumstances, a possession order should be made instead.

The Bill also addresses a loophole that allowed perpetrators to issue a Notice to Quit a joint tenancy and put their victim at risk of homelessness. Under the proposed changes, a Notice to Quit served by a perpetrator after proceedings are issued will no longer terminate a joint tenancy held with the victim if the Notice to Quit is given after the landlord has served a notice seeking possession on one of the new domestic abuse grounds.

It has been reported that, last year alone, around 15,000 households in England were forced to find a new social housing home because of domestic abuse. This Bill, if passed as proposed, means victims can stay safely in their homes and communities, close to support networks, schools, and work.