The U.K. government wants a relevant protective order to give courts in England a basis to consider possession action against an abusive social housing tenant, helping survivors keep their homes.
The Ministry of Housing, Communities and Local Government (MHCLG) announced the proposal Oct. 20. It said survivors would not have to establish the abuse again when a relevant order was already in place. The order would give a judge a basis to consider the case; it would not require eviction.
Housing Minister Matthew Pennycook told Parliament on Sept. 10 that the government intended to remove a further hurdle: survivors would not need evidence that a protective order had been breached before proceedings could begin.
The bill would give social landlords a new route to remove an abusive joint tenant while retaining the survivor’s tenancy; some survivors can already seek a tenancy transfer in family court.
In specified domestic abuse cases, the bill would let a court transfer the abusive joint tenant’s interest to the remaining tenant or tenants. A survivor who can safely stay could then keep the home without sharing the tenancy with the perpetrator. If abuse makes the home unsafe for the survivor, a court could instead order possession if it finds that suitable housing is available elsewhere. Judges would also have to consider the survivor’s views when deciding whether to grant possession, to the extent possible.
During a Sept. 10 House of Commons debate, Labour lawmaker Apsana Begum warned that survivors who are not named on a tenancy could miss the protections. She also raised the possibility of an unsustainable financial burden for a survivor with sole custody after the perpetrator is removed from a joint tenancy.
National Housing Federation Chief Executive Kate Henderson said, “No one should be forced to lose their home to escape abuse.”
The government is assessing the bill’s costs and benefits for public bodies, housing providers and tenants, according to the explanatory notes, which give no estimate. The bill extends to England and Wales but would apply only to England if enacted. It remains at House of Commons committee stage, with the committee expected to report by Nov. 3.
