Domestic abuse and housing support

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 Housing Act 1996 (‘the 1996 act’). Authorities must follow the definition of domestic abuse in section 1 of the Domestic Abuse Act 2021.

Local authorities must have regard to any relevant statutory guidance published by the government when carrying out their duties.

Applying to a council in another area

Someone who is fleeing domestic abuse can apply for homelessness assistance to a local authority outside of their area. Chapter 21 of the statutory homelessness code of guidance (‘the code’) says a local authority cannot refer an applicant to another area if the applicant or anyone in their household would be at risk of domestic abuse in that area.

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 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 council tenancy to someone who has experienced domestic abuse and previously rented a home under a lifetime social tenancy, the new council tenancy being offered must be a secure tenancy (as long as the reasons for offering the new tenancy are related to domestic abuse) (section 79 of the Domestic Abuse Act 2021). A lifetime social tenancy includes secure tenancies granted by local authorities and assured tenancies granted by housing associations. It does not include flexible or assured shorthold tenancies.

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. Paragraph 4.13 of the statutory guidance on the allocation of accommodation says local authorities should consider applying this to people fleeing domestic abuse.

Exemption to local connection requirements for applicants who are victims of domestic abuse

Local authorities in England often include residency requirements in their part 6 qualification criteria (that is, who qualifies to join their allocation schemes) under section 160ZA(7) of the 1996 act. This provision permits authorities in England to decide their own qualifying criteria (subject to statutory eligibility restrictions), except where regulations are laid in accordance with section 160ZA(8).

The Allocation of Housing (Qualification Criteria for Victims of Domestic Abuse and Care Leavers) (England) Regulations 2025 SI2025/706 prohibit local authorities from applying the local connection test (including residency requirements) to part 6 applicants who are or have been “a victim of domestic abuse carried out by another person, who needs to move for reasons connected with that abuse, including from accommodation initially occupied on a temporary basis”. The regulations came into force on 10 July 2025. More information is provided in the statutory guidance Providing social housing for local people and Improving access to social housing for victims of domestic abuse.

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.

Support in ‘relevant’ accommodation

Under part 4 of the Domestic Abuse Act 2021 ‘relevant local authorities’ in England are required to assess the need for accommodation-based support and prepare and publish a strategy to provide such support for victims of domestic abuse and their children living in ‘relevant accommodation’ in their area.

‘Relevant local authority’ means county councils, unitary district councils, the Greater London Authority, and the council of the Isles of Scilly in England.

‘Relevant accommodation’ includes refuges, sanctuary schemes, domestic abuse emergency and temporary accommodation, and other forms of specialist safe accommodation.

The aim of the duty is to ensure that all victims of domestic abuse, including their children, can access appropriate accommodation-based support when they need it.

Support provided under this duty can include (among other things) advocacy, advice, counselling and therapy, and housing-related support. Further information on how local authorities are expected to plan for and deliver support under the Domestic Abuse Act 2021 is provided in statutory government guidance Delivery of support to victims of domestic abuse in domestic abuse safe accommodation services.

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

• Refuge provides a free 24-hour national domestic abuse helpline.
• Library constituency casework page, Support for Victims of Domestic Abuse (last updated 26 April 2021), provides a list of contact details for organisations which assist victims of domestic abuse and domestic violence across the UK
• Library briefing, Domestic abuse: Support for victims and survivors (last updated 2 July 2021), explains the range of support available for victims and survivors of domestic abuse. Section 7 covers housing.

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.