Book a meeting

How can we help?

Book a FREE Consultation

thelegalteam@parachutelaw.co.uk

0207 183 4547

Domestic Abuse and Leaving the Home: Housing Rights and Options in England

Posted by:

Date:

24/09/2025

Read Time:

6 min read

Domestic abuse can make staying in your own home unsafe. Survivors are often forced to make urgent decisions about whether to leave, where to go, and how to secure longer-term housing. The law in England recognises that leaving a property because of domestic abuse is not a “choice” but a form of homelessness.

This article explains the legal framework around homelessness, social housing, tenancy transfers, refuges, and schemes that may allow survivors to remain safely in their home. It also highlights new protections introduced in 2025 to improve access to housing for victims of domestic abuse.

When is someone considered homeless due to domestic abuse?

Under section 175 of the Housing Act 1996, you do not have to be sleeping rough to be legally homeless. The definition extends to situations where you:

have no accommodation available, or
cannot reasonably occupy your accommodation because of domestic abuse or the risk of it.

This means someone who needs to leave their home due to abuse is legally considered homeless. They can apply for help from their local authority under the homelessness provisions in Part 7 of the Housing Act 1996.

Local councils must apply the legal definition of domestic abuse set out in section 1 of the Domestic Abuse Act 2021, which includes controlling or coercive behaviour, emotional and economic abuse, as well as physical violence.

Applying for homelessness assistance

A person fleeing abuse can apply for homelessness help to any local authority, not just the council where they currently live.

Applying outside your local area

Chapter 21 of the Homelessness Code of Guidance makes it clear:

A council cannot refer an applicant back to another area if they or their household would face a risk of domestic abuse there.
Survivors therefore have the right to seek safety in another part of England.

Priority need and accommodation duties

Not all homeless applicants are entitled to accommodation, but survivors of domestic abuse are treated as a priority group.

Under section 189(1)(e) of the Housing Act 1996, anyone homeless because of domestic abuse has an automatic priority need.
This means local authorities must provide suitable accommodation while assessing the case and, in many cases, on a longer-term basis.

The duty to secure accommodation can include:

temporary placements (such as hotels or B&Bs),
longer-term social housing, or
private rented sector properties arranged by the council.

What counts as “suitable accommodation”?

By law, any accommodation arranged under homelessness duties must be “suitable.” For survivors, suitability includes safety considerations. Councils may:

Place survivors in another town or local authority area if that reduces risk.
Use temporary options (such as a hotel or B&B) in emergencies.

If the survivor previously had a lifetime tenancy (such as a secure council tenancy or an assured housing association tenancy), section 79 of the Domestic Abuse Act 2021 requires that any new tenancy provided as a result of fleeing abuse must also be a secure tenancy.

Accessing refuges

A domestic abuse refuge is a specialist accommodation option with trained staff who can provide:

safe housing,
emotional and practical support, and
links to legal and financial help.

Refuge spaces can be limited, but organisations like Shelter and Refuge (the charity) can help locate availability. Refuges are often in undisclosed locations to protect residents’ safety.

Applying for social housing

Most survivors will also want to secure long-term stability. The main route is through a local authority’s allocation scheme under Part 6 of the Housing Act 1996.

Priority in social housing allocations

Local authorities must give reasonable preference (priority) to certain groups, including:

people who are homeless under Part 7,
people who need to move for medical or welfare reasons.

Government guidance strongly encourages councils to apply this preference to survivors fleeing domestic abuse, especially those in temporary accommodation or refuges.

Authorities can also grant additional preference to those with urgent housing need, which includes people escaping abuse.

The 2025 exemption to local connection rules

A major recent change improves access for survivors.

From 10 July 2025, the Allocation of Housing (Qualification Criteria for Victims of Domestic Abuse and Care Leavers) (England) Regulations 2025 (SI 2025/706) came into force. These rules:

Prohibit councils from applying a local connection test (such as minimum residency requirements) to domestic abuse survivors.
Apply where a survivor “needs to move for reasons connected with that abuse,” even if they are living in temporary accommodation.

This ensures survivors are not barred from applying for social housing in a new area simply because they lack a local connection.

Applying directly to housing associations

Many housing associations let their properties via local authority allocation schemes. However, some accept direct applications. Survivors can contact housing associations directly to check.

Existing social housing tenants may also request a transfer:

Often via the local authority’s allocation scheme,
Or, in urgent cases, through a landlord’s management transfer policy.

A management transfer allows a social landlord to quickly move a tenant facing domestic abuse, although there is no absolute legal right to one.

Remaining in the home

Not every survivor wants to leave. Some prefer to remain, particularly if:

their children are settled locally, or
they own their home and cannot easily afford to move.

Sanctuary schemes

Local authorities may operate sanctuary schemes after a risk assessment. These schemes provide home security upgrades such as:

police-linked alarms,
reinforced doors and windows,
intercom systems,
removing blind spots around the property.

All installations are free and available across housing tenures.

If the perpetrator is still in the property

Options include:

Ending a joint tenancy and seeking a sole tenancy in the survivor’s name,
Applying to court for an injunction to force the perpetrator to leave,
Seeking an occupation order to regulate who can live in the property.

These legal remedies can be complex; survivors are advised to seek help from a solicitor, Shelter, or Citizens Advice.

Case examples

Fleeing to another council area
Emma leaves her home in Manchester due to abuse. She applies to a council in York. York Council cannot refer her back to Manchester if it would put her at risk. She is considered homeless under the law and qualifies for priority need.

Social housing without a local connection
Sadia escapes abuse and moves into temporary accommodation in London. She applies for social housing there but has only lived in the city for two weeks. Thanks to the 2025 regulations, London Council cannot exclude her based on residency requirements.

Staying in the home under a sanctuary scheme
David suffers domestic abuse from a partner who has since moved out. After a risk assessment, the council installs additional locks, reinforced windows, and a police-linked alarm, allowing him to remain safely in his property.

Sources of help and advice

Refuge: 24-hour National Domestic Abuse Helpline – 0808 2000 247
Shelter: Housing and homelessness advice, including tenancy transfers and refuge spaces
Citizens Advice: Free legal advice and signposting
Gov.uk guidance: Providing social housing for local people and Improving access to social housing for victims of domestic abuse
Statutory guidance: Homelessness Code of Guidance (especially Chapters 15 and 21)

Conclusion

The law recognises that survivors of domestic abuse are homeless if they cannot safely remain in their home. Local authorities have clear duties to provide emergency and longer-term accommodation, and survivors benefit from automatic priority need.

The 2025 regulations go further by removing local connection barriers, giving survivors greater freedom to rebuild their lives in a safe location. Options exist not only to flee but, in some cases, to stay safely at home through sanctuary schemes or legal remedies.

While the system is complex, the legal framework is designed to protect survivors and support them into secure housing. Anyone in this position should reach out to their local authority, specialist charities, or legal advisers as soon as possible.

Call us: 0207 183 4547
Or email: thelegalteam@parachutelaw.co.uk
Contact us today