Committee
Social Justice and Social Security Committee 29 January 2026 [Draft]
29 Jan 2026 · S6 · Social Justice and Social Security Committee
Item of business
Subordinate Legislation
Scottish Secure Tenancies (Proceedings for Possession) (Form of Notice) Amendment Regulations 2025 (SSI 2025/404)
I will go through your questions, Ms Baker, and bring in my officials when I need to.The first question is on the statutory guidance. It has been developed alongside stakeholders, it will be revised to reflect their comments and it will be published in spring. It will support social landlords to be ready for the go-live date of 1 August 2026. All is in order and under way with sufficient time to build in stakeholders’ views, and it will be ready in time for the regulations coming into force.On your second question about the stakeholders that we have engaged with, I was keen to highlight the Scottish Courts and Tribunals Service, because that speaks to the complexity of getting the regulations to a position where they can be enforced. However, organisations such as Scottish Women’s Aid are vital to the development of that work. In my notes, I found a quote from Marsha Scott, the chief executive of Scottish Women’s Aid, who said:“Not all can stay in their own homes safely, which is why refuge provision is so important, but for the many who could, this regulatory change will bring much-needed reform.”I have fairly frequent dialogue with Scottish Women’s Aid on the regulations and on the fund to leave in particular, and that will continue, because its assistance in helping women to navigate the situation will be very important.On your third question, which was about grounds for eviction, I will hand over to Craig McGuffie, our solicitor, who can talk us through that.
In the same item of business
09:01
The Convener
SNP
Our next item of business is consideration of an affirmative Scottish statutory instrument and three negative instruments.I welcome to the meeting Màiri McAl...
The Cabinet Secretary for Housing (Màiri McAllan)
SNP
Thank you, convener, and good morning, committee. Thank you for the invitation to attend to give evidence on the Domestic Abuse (Protection) (Scotland) Act 2...
The Convener
SNP
Thank you, cabinet secretary. We will now move to questions. Our questions will be directed to you, but you are, of course, welcome to invite any official to...
Claire Baker (Mid Scotland and Fife) (Lab)
Lab
I welcome the regulations that are being introduced. I have some questions for clarity. You mentioned the guidance that is being prepared. When will it be pr...
Màiri McAllan
SNP
I will go through your questions, Ms Baker, and bring in my officials when I need to.The first question is on the statutory guidance. It has been developed a...
Craig McGuffie (Scottish Government)
Ground 15A, which is being added to the Housing (Scotland) Act 2001, will enable a social landlord to seek the termination of a joint tenant’s interest in a ...
Claire Baker
Lab
Thank you.
Elena Whitham (Carrick, Cumnock and Doon Valley) (SNP)
SNP
Good morning. As a former Scottish Women’s Aid worker, I am delighted that we are having this discussion, and I hope that the regulations will be approved.My...
Màiri McAllan
SNP
I welcome that question. The dangers and difficulties that women face when they are being subjected to abuse make all of this much more complicated and sensi...
Elena Whitham
SNP
One of my big worries is about ensuring that the victim/survivor is in the driving seat as much as possible. I worked previously with social landlords in thi...
Màiri McAllan
SNP
It absolutely does. We will seek to foster that approach through the guidance.
Elena Whitham
SNP
Thank you.
Jeremy Balfour (Lothian) (Ind)
Ind
Good morning. I have two questions.I welcome the regulations, but I would like clarification on a couple of issues. From your discussions with social landlor...
Màiri McAllan
SNP
On your first question, I am not concerned that there will be a freezing effect on landlords’ willingness to rent to couples or families. Abuse can arise in ...
Craig McGuffie
It is important to remember that these are civil, not criminal, proceedings. The court has to be satisfied, on the balance of probability, whether there has ...
Jeremy Balfour
Ind
That is helpful.There is quite a lot of responsibility on social landlords. What training are you planning to provide over the next six months, up to August,...
Màiri McAllan
SNP
I will answer your final question first. As I said to Ms Baker, the guidance is under development. It has been shared with stakeholders and we will now incor...
The Convener
SNP
As there are no further questions, we move to item 3, which is formal consideration of motion S6M-20309. I invite the cabinet secretary to speak to and move ...
Màiri McAllan
SNP
I ask the committee to consider the motion favourably, as the regulations represent a significant step forward in protecting the housing rights of victim sur...
The Convener
SNP
As members have no comments to make, I invite the cabinet secretary to sum up.
Màiri McAllan
SNP
I have nothing further to add.Motion agreed to.
The Convener
SNP
Are members content to delegate to me responsibility for approving a short factual report to the Parliament on the affirmative instrument?Members indicated a...
The Convener
SNP
Our next item is consideration of four negative Scottish statutory instruments, three of which were referred to in evidence under item 2. Do members have any...