The legal framework — Domestic Abuse Act 2021 and the definition of domestic abuse
The Domestic Abuse Act 2021 provides the first statutory definition of domestic abuse in England and Wales and expanded the legal framework for protection.
- Statutory definition: Under the Domestic Abuse Act 2021 s.1, domestic abuse means behaviour by a person towards another where they are personally connected and the behaviour is abusive. 'Personally connected' includes intimate partners, former intimate partners, family members, and those who share parental responsibility. 'Abusive' behaviour includes physical or sexual abuse; violent or threatening behaviour; controlling or coercive behaviour; economic abuse; psychological, emotional, or other abuse
- Domestic Abuse Protection Notices (DAPN) and Orders (DAPO): The 2021 Act introduced DAPNs (issued by police on the spot) and DAPOs (issued by courts). These can require the abuser to leave or stay away from the victim's home. Breach of a DAPO is a criminal offence (up to 5 years imprisonment)
- Duty to signpost: Landlords should be aware of referral pathways and signpost tenants to appropriate support — National Domestic Abuse Helpline: 0808 2000 247; Refuge; SafeLives; local housing authority homelessness teams
- Victim's right to end a tenancy: The Renters' Rights Act 2025 contains provisions allowing a victim of domestic abuse in a joint tenancy to give notice ending only their own interest in the joint tenancy — without triggering the ending of the whole tenancy. This addresses the longstanding problem created by Hammersmith LBC v Monk [1992]
Occupation orders under the Family Law Act 1996 — excluding an abuser from the property
The primary civil remedy for a domestic abuse victim who needs to remain in the home while excluding the abuser is an occupation order under the Family Law Act 1996. These orders can be granted by the Family Court at very short notice, including without the abuser being given notice (ex parte orders).
- Who can apply for an occupation order: A person who is 'entitled' to occupy the home (by virtue of being a legal owner, a mortgagor, or a tenant) or who has 'home rights' under the FLA 1996 (a spouse or civil partner of the owner or tenant, even if not on the tenancy) can apply under FLA 1996 ss.33-38
- What an occupation order can require: An occupation order can require the respondent (the abuser) to leave the property and stay away from it; to allow the applicant to enter and remain; and to hand over any keys. Where the abuser is a joint tenant, the occupation order excludes them from the property even though they retain their interest in the tenancy
- Power of arrest: A power of arrest can be attached to an occupation order if there has been actual violence or threats of violence. Where a power of arrest is attached, the police can arrest the abuser on breach without needing a warrant
- Landlord's obligations when an occupation order is in place: When a landlord is notified that an occupation order has been made excluding one of their joint tenants, the landlord must not take any action that would undermine the order — including accepting a surrender from the abuser while the victim remains in occupation
Joint tenancy and the Monk rule — how RRA 2025 changes the position for DV victims
Before the Renters' Rights Act 2025, the Hammersmith LBC v Monk [1992] rule meant that any one joint periodic tenant could unilaterally end the whole tenancy by serving a notice to quit. This was exploited by abusers to evict victims from their homes. The RRA 2025 changes this position.
- The Monk problem: Under the law before RRA 2025, where there was a joint periodic tenancy, an abusive partner who was a joint tenant could serve a notice to quit on the landlord, ending the tenancy for all joint tenants simultaneously — including the victim. The victim would lose their home with no recourse under the tenancy
- RRA 2025 periodic tenancy changes: The Renters' Rights Act 2025 converts all assured tenancies to periodic tenancies and introduces new provisions governing how periodic tenancies can be ended. A single joint tenant cannot unilaterally end a joint periodic tenancy in the same way as under the pre-1989 common law notice to quit
- Victim's ability to remain in the tenancy: Where a victim of domestic abuse is a joint tenant, the RRA 2025 provisions are intended to allow the victim to continue in occupation of the property as a tenant even if the abuser leaves or is excluded. The landlord should treat the victim as the continuing tenant
- Re-letting or re-granting to the victim: Where the abuser was the sole tenant and the victim was a licensee or family member, the victim has no automatic right to remain as a tenant after the tenancy ends. The landlord has a discretion to offer the victim a new tenancy — many landlords now have a DV policy providing a compassionate fast-track approach
Practical steps for landlords when domestic abuse is disclosed
When a tenant discloses domestic abuse, the landlord should respond sensitively, record the disclosure, and take appropriate action to support the victim and comply with any court orders.
- Step 1 — respond sensitively and record: If a tenant discloses domestic abuse, acknowledge the disclosure sensitively, confirm confidentiality (within safeguarding limits), and make a written record of the date, manner, and content of the disclosure
- Step 2 — signpost to support: Provide the tenant with the contact details for the National Domestic Abuse Helpline (0808 2000 247 — free, 24 hours), the local authority housing team, and, where relevant, local IDVA (Independent Domestic Violence Advisor) services
- Step 3 — respond to occupation orders promptly: If an occupation order is served on you as landlord, read it carefully, note the terms, and ensure you do not take any action that would breach the order or prejudice the victim's position
- Step 4 — data protection: Treat information about domestic abuse with the highest level of confidentiality. Do not share information about the victim's whereabouts with the abuser under any circumstances. Under the UK GDPR and Data Protection Act 2018, processing information about domestic abuse engages special category data processing rules