Permanent accommodation

This content applies to Scotland only.

Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England

If you pass all the council's homelessness tests, you should be offered a permanent home. This page explains what permanent accommodation consists of, how the offer will be made and what you can do if you're not happy with the offer.

Who is entitled to permanent accommodation?

You will be offered permanent accommodation if the council has decided that:

• you are homeless or threatened with homelessness, and
• you are eligible for assistance, and
• you are in priority need, and
• you didn't become homeless intentionally, and
• you have a local connection to the area.

In some cases, if the council has a lot of housing available, you may be offered permanent accommodation even if you don't pass all the homelessness tests.

What kind of permanent accommodation will I be offered?

Only certain types of accommodation count as 'permanent'. These are:

• council tenancies
• housing association tenancies
• assured (i.e. long term) tenancies with a private landlord.

Permanent accommodation must:

• not be overcrowded
• not be a danger to your health (for example, too cold or damp)
• meet any special needs you or your family may have (for example, it may need to be wheelchair accessible)
• be reasonable for you to live in (for example, it shouldn't be in an area where you are at risk of violence).

When offering you permanent accommodation, the council should also make sure that you will have reasonable access to:

• your friends and family
• your place of work
• your children's schools
• suitable healthcare services
• support services to help you maintain your tenancy (this could include a jobcentre or training programme if you are out of work, or counselling services to help you tackle any problems you may have).

You should consider any offer you receive carefully. If you are not happy with the offer or are unsure of your rights, get advice immediately. Use the Advice Services Directory to find a local advice centre in your area that can help you.

I have been offered an assured tenancy

The council may be able to arrange an assured tenancy with a private landlord. Very few private landlords are willing to provide assured tenancies because they give greater rights than most other private tenancies. A short assured tenancy will not count as an offer of permanent housing as it only comes with limited rights.

I have been offered a permanent tenancy with the council or a housing association

You may be offered a permanent tenancy with the council or a housing association, normally a Scottish secure tenancy (SST). Scottish secure tenants have many rights and can normally stay in their homes indefinitely, provided they stick to the conditions of their tenancy agreement.

You may be offered a short Scottish secure tenancy (SSST), with fewer rights if:

• you or someone in your household has been evicted for antisocial behaviour in the last three years, or
• you are subject to an antisocial behaviour order when the offer of permanent accommodation is made, or
• you need support in your tenancy.

What other kinds of accommodation could I be offered?

In some circumstances, the council may offer you supported accommodation. This may be:

• accommodation for young people, with support to help you sustain your tenancy
• accommodation for disabled people, which is specially adapted for your needs
• accommodation to support people with drug or alcohol problems.

Will I get a choice?

You may be offered a choice of more than one home, but this is not guaranteed. In some areas, you may only get one offer.

An adviser in your area should be able to tell you how many offers your local council normally makes. Use the Advice Services Directory to find a housing aid centre or Citizens Advice Bureau in your area. Alternatively, ask the council for information about its policy on providing a choice of accommodation.

What is a 'final offer'?

When the council makes you an offer of permanent housing, it should tell you if it is the last offer you'll be made. The council has to be satisfied that the accommodation you are offered is suitable for you and any children you have.

The council must also inform you that:

• you have the right to ask the council to review the offer if you think the accommodation isn't suitable
• if you refuse the offer the council won't have to help you any more and you will have to move out of your temporary accommodation.

If you are not given this information when the offer is made, then it shouldn't count as a final offer. However, when you are made an offer, it's always best to check with the council whether it is a final offer, or whether you will be made another offer if you turn it down.

What if I don't like the offer?

If you are offered a tenancy that you don't think is suitable, it's very important to get advice before you turn it down. If you refuse a final offer that the council thinks is suitable for you, it may not have to give you any more help. The offer will be withdrawn and you will have to leave your temporary accommodation.

In some cases, it may be better to accept an unsuitable offer because:

• you can ask the council to review its decision about whether the accommodation is suitable after you move in
• you will have somewhere to stay while the council reviews its decision
• you will have somewhere to stay if your review is unsuccessful
• if it is a council tenancy, you may be able to request a transfer, or exchange your home with another council tenant.

It's very important that you get advice before you make a decision to turn down the offer. An adviser can:

• check whether the council has followed the correct procedure
• look into whether or not you are likely to get a better offer
• help you negotiate with the council
• possibly help you arrange an exchange
• help you get a review of the decision.

What happens if I accept an offer?

If you are happy and accept the permanent accommodation you're offered, the council will tell you when you can move in. After that date, the council will no longer have a responsibility to provide temporary accommodation.

Can I arrange my own permanent accommodation instead?

Yes, if you prefer to find your own accommodation you can do so. However, once you have secured this accommodation, you will have to give up the temporary accommodation the council has provided and it will no longer have a responsibility to help you.