What if the council won't let me apply?

This content applies to Scotland only.

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

This page looks at reasons why the council may turn down your application and what you can do in this situation.

Can the council refuse to accept my application?

The council cannot accept homeless applications from people who are under 16 or whose mental capacity is too limited to be able to decide whether to accept an offer of accommodation or not. Children and people with severe mental disabilities will need a parent, guardian or carer to apply on their behalf.

All other people who are homeless or likely to become homeless within two months are entitled to make an application and to receive written confirmation of the council's decision about their application.

Can the council refuse to interview me?

The council has a legal obligation to investigate the situation of any homeless person who asks for help. This means that the council cannot refuse to help you without at least interviewing you. It is not allowed to make assumptions about your circumstances and can't refuse to help you without explaining why it thinks it does not have a duty to help you.

If the council refuses to accept an application from you because it thinks that it will not have a legal responsibility to help you, get advice immediately.

What if I'm seeking asylum?

Some groups of people (such as most asylum seekers and some other people from abroad) are not eligible for assistance. However, the council should still accept your homeless application and make inquiries into your circumstances. The page on eligibility explains more. If you are seeking asylum, read our information for asylum seekers here and get advice before applying.

What if I've applied before?

If you have already applied as homeless and the council has reached a decision on your application, it may not accept another application unless there has been a change in your circumstances. If you want to challenge the original decision, you should ask for a review (see 'what should I do if I'm told I can't apply' below).

If there has been a change in your circumstances, the council should accept a new homeless application and start its inquiries again. For example, if you have become pregnant or developed health problems, you may now be entitled to a permanent home.

What if I'm not homeless yet, but will be soon?

Councils only have to accept applications from people who are actually homeless, or who are threatened with homelessness within two months. You should be considered to be threatened with homelessness if, for example:

• your landlord has given you a valid notice to quit which runs out within two months
• your landlord or mortgage lender has obtained a court order to evict you which takes effect within two months
• you are due to be discharged from an institution (for example, hospital or prison) within two months and have nowhere to go
• you have been asked to leave by friends or family within two months.

What if my landlord has a court order to evict me?

Most tenants are entitled to wait until their landlord obtains a court order against them before they have to leave their home. However, councils should not insist that you wait the two months before a court order expires before considering you to be threatened with homelessness. If you are in this situation and the council is telling you that you must wait for a court order or for sheriff officers to arrive, get in touch with an adviser at a housing aid centre or Citizens Advice Bureau straight away.

What should I do if I'm told I can't apply?

If you are told verbally that you can't apply, ask the council to confirm in writing why it is refusing to accept an application from you. Get advice once you have the letter or if the council refuse to give you a written decision.

Whether you get a letter or not, you may be able to request a review. A review is a way to challenge the council's decision not to help you. It gives you the chance to tell the council more information about your circumstances. The review process can be complicated, so you should get independent advice first.

If you can't request a review, or if the review is unsuccessful, it may be possible to challenge the council by judicial review in the courts. This is complicated and you will need specialist legal help.

The section on challenging the council has more information.

Where can I get advice?

If you have tried to apply to the council for assistance because you are homeless but have been told that you cannot do so, get advice from a housing aid centre, Citizens Advice Bureau or other advice agency. The Advice Services Directory can help you find one in your area. An adviser can explain what your rights are and may be able to persuade the council that it has to accept your application.