Social landlords: pre-action requirement where domestic abuse is a factor in rent arrears Equality Impact Assessment Results

Recommendations and Conclusion

We recognise that the data available does not provide a complete picture of the needs of those with protected characteristics. However this assessment has considered the needs of these groups as fully as possible.

The overall assessment is that this measure increases protection for all social housing tenants where domestic abuse is a factor in the accumulation of rent arrears before a social landlord can raise eviction proceedings on rent arrears grounds in court. It does not introduce changes that directly or indirectly discriminate against those with protected characteristics.

Where a social landlord considers that the tenant has experienced or is experiencing domestic abuse which explains, or partly explains why rent lawfully due from the tenant has not been paid, provisions in the Bill will require the landlord to take such action to support the needs of the tenant in connection with the rent arrears as the landlord considers reasonable having regard to its domestic abuse policy.

The Bill provisions also require landlords to provide the tenant with details of such other support that may be available to them in relation to domestic abuse as the landlord considers appropriate.

The Scottish Social Housing Charter equalities outcome requires social landlords by meeting their statutory duties on equalities to perform all aspects of their housing services so that every tenant and other customer has their individual needs and rights recognised, is treated fairly and with respect, and receives fair access to housing and housing services.^[62]

The provisions in the Bill may however be particularly beneficial for certain groups with protected characteristics affected by domestic abuse, including women with or without children, disabled people and young people of different sexual orientations who find themselves in rent arrears, and who may be facing the prospect of eviction action for rent arrears in Court as a result of domestic abuse .

Ensuring that all tenants and social landlords are aware of the new rights will be an important aspect of effective implementation of this and other measures in the Bill helping to deliver better outcomes for communities.