To ask the Minister for Communities to detail (i) any steps his Department is taking to ensure all providers of social homes have policies and processes in place to transfer a tenancy agreement from the perpetrator of domestic violence to the victim, if they live or lived in the same home; and (ii) any legislation that can be used to (a) remove a tenancy agreement from a person found guilty of domestic violence; and (b) prevent a person found guilty of domestic violence from holding a tenancy agreement.

This issue is an operational matter for the Northern Ireland Housing Executive; they have advised me as follows:

“(i) The ability to transfer social tenancies is a matter reserved for the courts. As such, this is not something social landlords are able to achieve through their own policies and processes. As part of the Housing Executive’s Domestic Abuse Action Plan, the issue of action to be taken against perpetrators of Domestic Abuse is being examined. This work will evaluate the current options and consider the approach taken in other areas of the UK. While scoping work took place over the course of 2025/26, work over the forthcoming year will seek to identify and deliver any actions arising from this work.

(ii) (a) the legislation does not allow landlords to remove domestic abusers from a tenancy agreement. Rather it gives them standing to apply to the court for such an order. Schedule 3 of the 1983 Housing Order NI already has a specific clause which relates to domestic violence. This sets out domestic violence as potential ground for possession if specific criteria are met. It also requires that the injured party has left the accommodation and is unlikely to return so long as the other party continues to occupy the premises. Where possession of a property is achieved under Ground 2a, there is currently a policy discretion to allow the granting of the tenancy to the other party (subject to the circumstances of the case).

A court may currently issue an order for a secure or introductory tenancy to be assigned from one person to another under the following legislation:

Article 26 of the Matrimonial Causes (Northern Ireland) Order 1978 (property adjustment orders in connection with matrimonial proceedings)

Article 21 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (property adjustment orders after overseas divorce, &c.)

Paragraph 2 of Schedule 1 to the Children (Northern Ireland) Order 1995 (orders for financial relief against parents), or

Part II of Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (orders transferring certain tenancies on divorce, etc., and on separation of cohabitees)

Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.)

This application would need to be made by one of the parties.

In addition, the existing tenant may make a request to assign the tenancy voluntarily or in the case where the tenant (in a domestic abuse case) terminates the tenancy, the social landlord has discretion to consider any remaining partner for an exceptional award of tenancy. Verification of the circumstances will be required.

Where the tenant has left the property, possession may also be sought on the basis for non-occupation, but this would be a last resort in the absence of a suitable agreed solution. When possession has been granted the landlord may consider any remaining victim for an exceptional award of tenancy.

(ii) (b) There is no specific provision in housing legislation that generally prohibits a perpetrator of domestic abuse from being granted or holding a social tenancy.

However:

An individual may be deemed ineligible for an allocation of social housing on the basis of unacceptable behaviour subject to relevant legislation; and

A landlord may disqualify an applicant under the Housing Selection Scheme Rules where they have engaged in serious anti-social behaviour within the previous two years.”