This information should not be relied upon as legal or professional advice. Read the disclaimer.

Domestic abuse and leaving the home

Is someone considered homeless if they need to leave their home because of domestic abuse?

The definition of homelessness in legislation, as stated in section 175 of the Housing Act 1996 (‘the 1996 act’), extends beyond someone not having a roof over their head; it includes situations where someone is fleeing their home due to domestic abuse and has no other suitable accommodation to live in. For more information, please see the Library briefing on Statutory homelessness (England): The legal framework and performance.

If someone needs to leave their home because of domestic abuse, they can apply for assistance from their local authority under the homelessness provisions in part 7 of the 1996 act. Local authorities must have regard to any relevant statutory guidance published by the government when carrying out their duties.

Local authority duties to accommodate people

Authorities do not have to secure accommodation for everyone who applies to them for assistance. However, they may have to secure accommodation for people in a category of ‘priority need’.

People who are homeless because of domestic abuse have an automatic priority need (section 189(1)(e) of the 1996 act), so local authorities must arrange suitable accommodation for them in certain circumstances, such as while their case is being assessed.

Chapter 15 of the statutory homelessness code of guidance (‘the code’) describes local authorities’ duties and powers to secure accommodation for applicants.

Suitability of accommodation

Any accommodation arranged by a local authority under its homelessness functions must be suitable. This may include offering accommodation in the private rented sector or under a social tenancy, and the authority may consider it safer to offer accommodation in another location, such as in a different local authority area. In an emergency, or as a temporary measure, a local authority may consider accommodation in a hotel or bed and breakfast to be suitable.

If a local authority chooses to offer a social tenancy to someone fleeing domestic abuse, and they rented their previous home under a lifetime social tenancy, the new social tenancy must also be on a lifetime basis (as long as the reasons for offering accommodation are related to domestic abuse) (section 79 of the Domestic Abuse Act 2021). A lifetime tenancy includes secure tenancies granted by local authorities and assured tenancies granted by housing associations.

Chapter 21 of the code provides detailed information about how local authorities are expected to support victims of domestic abuse.

How can someone find a place in a refuge?

People who need to leave their home because of domestic abuse may consider accessing a space in a refuge. Domestic abuse refuges are specialist forms of accommodation where trained staff are employed to provide a comprehensive package of support to survivors.

Shelter, a housing and homelessness charity, provides a summary of the support refuges provide and outlines how to find a refuge space.

How can someone fleeing domestic abuse request a social housing tenancy?

The most common way for someone to apply for social housing in England is through a local authority’s allocation scheme under part 6 of the Housing Act 1996 (‘part 6 scheme’).

Reasonable and additional preference for social housing applicants

Local authorities are required to give ‘reasonable preference’ (priority) to certain categories of applicant. This includes people who are homeless as defined by part 7 of the 1996 act and people who need to move on medical or welfare grounds.

The homelessness code of guidance advises that people who apply to join an authority’s part 6 allocation scheme because they are homeless or at risk of homelessness should automatically trigger a homelessness application under part 7 of the 1996 act.

Statutory guidance on supporting domestic abuse survivors to access social housing strongly encourages local authorities to apply the medical and welfare reasonable preference category to applicants who have escaped abuse and are being accommodated in a refuge or other temporary accommodation (para 32).

Local authorities can give ‘additional’ preference (further priority) to people who fall within one of the reasonable preference categories and have an urgent housing need. According to paragraph 4.13 of the statutory guidance on the allocation of accommodation this should apply to people fleeing domestic abuse.

Residency requirements for being considered for social housing

Part 6 applicants may be expected to demonstrate that they’ve been living in an area for a specified minimum amount of time for the local authority to accept their application for social housing. However, local authorities can make exceptions to this residency requirement. The statutory guidance on providing social housing for local people reminds local authorities of the need to account for special circumstances, such as when someone needs to move away from another area to escape violence or harm.

Applying for a housing association home

Most housing associations (also known as private registered providers) allocate some or all their homes through part 6 schemes. Constituents may decide to contact individual housing associations to find out if they accept direct applications. If a constituent is already a social housing tenant, they may be eligible for a transfer to another home with their current landlord (see below).

Can a social housing tenant apply to transfer to another social housing property if they are experiencing domestic abuse?

Some landlords may have schemes to allow tenants to transfer to a different property. However, tenants who fall within a reasonable preference category may have to apply for a transfer through a local authority’s part 6 allocation scheme (see above).

Where a tenant needs to move quickly, such as where there is a risk of domestic abuse, a landlord may offer a management transfer. There is no legal right to a management transfer, and whether a social landlord offers a transfer will depend on their management transfer policy.

The charity Shelter’s website provides detailed information about tenancy transfers to a new home.

Domestic abuse and remaining in the home

What support is available for victims of domestic abuse who wish to stay in their home?

Domestic abuse survivors may be supported to stay in their home if they wish to and it is safe and appropriate to do so. It would not be considered safe or appropriate if, for example, the perpetrator still lives there or they can legally enter the home as a joint tenant/owner, or if the survivor remains at risk in the area around the home.

Sanctuary schemes to make a home more secure

Following an appropriate risk assessment a local authority may decide that it is safe and appropriate to put safety measures in place through a local ‘sanctuary scheme’. People can ask their local authority about their local scheme and whether it is suitable for them.

A government practice guide for agencies developing and delivering sanctuary schemes (August 2010) describes the measures that might be included under a sanctuary scheme:

  • alarms which directly contact police
  • extra locks
  • intercoms
  • removing blind spots around a property
  • reinforcing windows and doors

All installations made through a sanctuary scheme are free of charge and are available for all types of tenure (social and private renting, and home ownership).

What are the options if the perpetrator is still living in the property?

If the perpetrator is a joint owner or joint tenant of the property, the survivor may decide to take action to end the tenancy and secure a sole tenancy in their own name or apply for a transfer of tenancy.

They may also consider applying to the court for an injunction to force the perpetrator to leave and stay away from the home. The charity Shelter provides information on its website about the housing rights of domestic abuse survivors and leaving the home after domestic abuse.

People considering taking this type of action should seek appropriate advice from a qualified professional on their individual circumstances. Citizens Advice and the housing charity Shelter provide free, independent advice. Further information on finding legal help can be found in the Library briefing paper, Legal help: where to go and how to pay.

Further information

About the authors: Faye Greaves is a researcher at the House of Commons Library, specialising in housing policy.

Siobhan Wilson is a researcher at the House of Commons Library, specialising in housing policy and higher and further education.

Disclaimer 

The Commons Library does not intend the information in this article to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.

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