Legislation – Domestic Abuse Act 2021
Changes to legislation:
Domestic Abuse Act 2021, Section 78 is up to date with all changes known to be in force on or before 05 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 78:
- s. 49A 49B and cross-heading inserted by 2024 c. 21 s. 20(2)
- s. 56(4)(c) inserted by 2024 c. 21 s. 20(4)
- s. 87(6)(aa) inserted by 2024 c. 21 s. 20(5)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 49A 49B and cross-heading inserted by 2024 c. 21 s. 20(2)
- s. 56(4)(c) inserted by 2024 c. 21 s. 20(4)
- s. 87(6)(aa) inserted by 2024 c. 21 s. 20(5)
PART 7Miscellaneous and general
Homelessness
78Homelessness: victims of domestic abuse
(1)
Part 7 of the Housing Act 1996 (homelessness: England) is amended as follows.
(2)
In section 177 (whether it is reasonable to continue to occupy accommodation)—
(a)
in subsection (1), for “domestic violence or other violence” substitute “
;
violence or domestic abuse
”
(b)
“(1A)
For this purpose—
(a)
“domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;
(b)
“violence” means—
(i)
violence from another person; or
(ii)
threats of violence from another person which are likely to be carried out.”
(3)
Omit section 178 (meaning of associated person).
(4)
In section 179 (duty of local housing authority in England to provide advisory services), in subsection (5)—
(a)
““domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;”;
(b)
omit the definition of “financial abuse”.
(5)
In section 189 (priority need for accommodation)—
(a)
“(e)
a person who is homeless as a result of that person being a victim of domestic abuse.”;
(b)
“(5)
In this section “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021.”
(6)
In section 198 (referral of case to another local housing authority)—
(a)
in subsection (2), in paragraph (c), for “domestic violence” substitute “
;
domestic abuse
”
(b)
in subsection (2ZA), in paragraph (b), for “domestic violence” substitute “
;
domestic abuse
”
(c)
in subsection (2A), in paragraph (a), for “domestic violence” substitute “
;
violence that is domestic abuse
”
(d)
“(3)
For the purposes of subsections (2), (2ZA) and (2A)—
(a)
“domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;
(b)
“violence” means—
(i)
violence from another person; or
(ii)
threats of violence from another person which are likely to be carried out.”
(7)
In section 218 (index of defined expressions: Part 7), in the table, omit the entry relating to section 178.
(8)
In article 6 of the Homelessness (Priority Need for Accommodation) (England) Order 2002 (S.I. 2002/2051) (vulnerability: fleeing violence or threats of violence)—
(a)
the existing text becomes paragraph (1);
(b)
“(2)
For the purposes of this article—
(a)
“violence” does not include violence that is domestic abuse;
(b)
“domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021.”
(9)
In consequence of the repeal made by subsection (3), omit the following provisions—
(a)
in Schedule 8 to the Civil Partnership Act 2004, paragraph 61;
(b)
in Schedule 3 to the Adoption and Children Act 2002, paragraphs 89 to 92.