Domestic Abuse and Tenancy UK 2026 — Landlord's Guide to Occupation Orders, Joint Tenancies, and Safeguarding

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 (A) towards another person (B) where A and B are personally connected and the behaviour is abusive. 'Personally connected' includes intimate partners, former intimate partners, family members, and those who share parental responsibility for a child. 'Abusive' behaviour includes physical or sexual abuse; violent or threatening behaviour; controlling or coercive behaviour; economic abuse; psychological, emotional, or other abuse. The statutory definition is deliberately broad
• Domestic Abuse Protection Notices (DAPN) and Orders (DAPO): The 2021 Act introduced DAPNs (issued by police on the spot) and DAPOs (issued by courts, similar to an injunction). These can require the abuser to leave or stay away from the victim's home and can prohibit contact. Breach of a DAPO is a criminal offence (up to 5 years imprisonment). Landlords may receive notification that a DAPN or DAPO has been issued relating to their property
• Duty to refer: Under the Domestic Abuse Act 2021, certain public bodies (not private landlords) have a duty to refer victims to local authority housing teams. However, the Government encourages landlords to be aware of referral pathways and to 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 the House of Lords decision in Hammersmith LBC v Monk [1992], where any one joint tenant could give notice ending the whole periodic tenancy for all joint tenants — which could be exploited by an abusive partner

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 — 'without notice' or 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 for an occupation order under FLA 1996 ss.33-38. The victim does not need to be on the tenancy agreement to apply if they have home rights as a spouse or civil partner of the tenant
• What an occupation order can require: An occupation order can require the respondent (the abuser) to leave the property and to stay away from it; to allow the applicant to enter and remain in the property; 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. An occupation order does NOT terminate the tenancy — it is a personal order against the abuser
• 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 of the order without needing a warrant. The court must consider attaching a power of arrest if there has been violence or a threat of violence
• 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 from the property, the landlord must not take any action that would undermine the order. In particular, the landlord should not: accept a surrender of the tenancy from the abuser while the victim remains in occupation; grant a new tenancy to the abuser that includes the property; take steps to evict the victim. The victim's continued occupation of the property under the tenancy remains valid notwithstanding the occupation order

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 on the landlord — without the other joint tenant's consent. 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, despite having done nothing wrong, would lose their home with no recourse under the tenancy. This was a well-documented tool of abuse
• RRA 2025 periodic tenancy changes: The Renters' Rights Act 2025 converts all assured tenancies to periodic tenancies from 1 May 2026 and introduces new provisions governing how periodic tenancies can be ended. Under the RRA 2025 framework, 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. A joint tenant wishing to leave must give 2 months' notice, but this process is designed to end their interest in the tenancy rather than automatically ending the whole tenancy for all occupants
• 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 and agree the terms on which the tenancy continues (rental, obligations) as a sole tenancy
• Re-letting or re-granting to the victim: Where the abuser is on the tenancy and the victim is not (for example, where the abuser was the sole tenant and the victim was a licensee/family member), the victim has no automatic right to remain in the property as a tenant after the tenancy ends. However, the landlord has a discretion to offer the victim a new tenancy. Many landlords and letting agents now have a DV policy providing a compassionate fast-track approach to this situation. Failure to consider the victim's safety needs in the context of re-letting decisions could, in some circumstances, engage Equality Act 2010 considerations

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 (in person, by email, by phone), acknowledge the disclosure sensitively, confirm confidentiality (within the limits of any safeguarding obligations), and make a written record of the date, manner, and content of the disclosure for your file
• 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 (for emergency housing duty), and, where relevant, local IDVA (Independent Domestic Violence Advisor) services. Do not attempt to provide practical safety planning advice yourself — this is the role of trained IDVA/ISVA professionals
• 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. Comply with any directions addressed to you in the order. Seek legal advice if you are uncertain about your obligations
• 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 (including new address, status of tenancy, or any information from the tenancy file). Under the UK GDPR and Data Protection Act 2018, processing information about domestic abuse engages special category data processing rules. Do not provide information to the abuser that could endanger the victim
• Step 5 — review your letting agent's DV policy: If you use a letting agent, ask them about their domestic abuse policy. Good agents have a written DV policy aligned with the RICS guidance on domestic abuse in the property sector and the Government's Good Practice Guide on domestic abuse

Frequently asked questions