Paragraph 15A F1

(1)

A person (“person T”) who is the tenant or one of the joint tenants has engaged in behaviour which is abusive of a person (“person P”) who is a partner or ex-partner of person T, and the conditions in sub-paragraph (2) are met.

(2)

The conditions are—

(a)

person T is the sole tenant, or person T and person P are joint tenants (whether or not with others),

(b)

the house is person P's only or principal home,

(c)

person P wishes to continue living in the house,

(d)

the landlord wishes—

(i)

where person T is the sole tenant, to recover possession of the house from person T for the purpose of entering into a tenancy with person P instead,

(ii)

where person T is a joint tenant, to bring person T's interest in the tenancy to an end.

(3)

In sub-paragraph (1)—

(a)

“partner or ex-partner of person T” means—

(i)

the spouse or civil partner of person T,

(ii)

a former spouse or former civil partner of person T,

(iii)

a person with whom person T has, in the period of 12 months ending with the date on which the proceedings are raised under section 14(1), lived in the house as if a spouse of person T for a period of, or more than one period amounting in total to, at least 6 months,

(b)

the reference to behaviour by person T which is abusive of person P is to be construed in accordance with sections 2 and 3 of the Domestic Abuse (Protection) (Scotland) Act 2021, as if the references in those sections to—

(i)

person A were references to person T,

(ii)

person B were references to person P.

Annotations

Textual amendments

F1: Sch. 2 para. 15A inserted (1.8.2026) by Domestic Abuse (Protection) (Scotland) Act 2021 (asp 16), ss. 22(4), 24(2); S.S.I. 2025/400, reg. 2(b)

Notes on the whole Act

Textual amendments

F1: Act modified (temp.) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 3 (with ss. 1(2), 6, 7, 8) (which affecting provision is continued until 31.3.2024 by The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 (S.S.I. 2023/82), regs. 1(3), 2(2)) (as amended (27.9.2023) by S.S.I. 2023/275, reg. 2(2))

Notes on Schedule 2

Textual amendments

F1: Sch. 2 heading substituted (1.8.2026) by Domestic Abuse (Protection) (Scotland) Act 2021 (asp 16), ss. 22(7), 24(2); S.S.I. 2025/400, reg. 2(b)

Commencement

I1: Sch. 2 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

Notes on Part 1

Textual amendments

F1: Sch. 2 Pt. 1 heading substituted (1.8.2026) by Domestic Abuse (Protection) (Scotland) Act 2021 (asp 16), ss. 22(8), 24(2); S.S.I. 2025/400, reg. 2(b)