This content applies to Scotland only.

This page explains the housing and homelessness terms used in the policy and practice section. Some of the terms may be unfamiliar, but other terms that are familiar may have specific meanings in housing and homelessness law.

For explanation of a wider range of housing terms which may be used when dealing with issues in detail, please see our Get advice jargonbuster.

Abandonments

If a landlord believes that a tenant and their household have left their home and do not intend to return, they can start abandonment proceedings to end the tenancy. Abandonment proceedings differ from eviction proceedings in that the landlord does not need to get a court order to evict a tenant who has abandoned a property. However, most abandonments occur while the landlord is in the process of evicting the tenant for other reasons, such as rent arrears.

Allocations

A council or registered social landlord 's (see below) allocation policy outlines the way in which properties are assigned to people on the housing waiting list (see below). Councils and RSLs do not allocate properties on a 'first come first served' basis but according to need, generally using a points system to prioritise people. Some councils are now moving away from a points based system to a choice based letting scheme (see below). You can find out more about how social housing is allocated here.

Bed and breakfast hotels

Bed and breakfast hotels are a specific type of temporary accommodation (see below) in which some councils house homeless people. The Unsuitable Accommodation (Scotland) Order 2004, introduced as part of the Homelessness etc (Scotland) Act 2003 (see below), bans the use of bed and breakfast accommodation for families with children, except in specific circumstances.

Choice based letting

Choice based letting is a relatively new way of allocating council housing which requires people on the housing waiting list (see below) to select and bid for available properties, rather than waiting for the council to offer them a home. You can find out more about choice based letting here, and download a briefing paper on the effect of the introduction of tenant choice here.

Code of Guidance on Homelessness

The Code of Guidance provides practical help on how homelessness legislation and related policies should be implemented. Although the Code is not legally binding, councils must show they have had regard to it in reaching their decision on the application of a homeless person (see homeless application below). You can download the latest version of the Code of Guidance from the Scottish Government website.

Eviction

Eviction occurs when a household loses its home as a result of an eviction action. An eviction action is a legal process to remove a tenant from their home. You can find out more about eviction here.

Homeless application

Under homelessness legislation , anyone who is homeless or threatened with homelessness can make a homeless application to the council. The council will assess their situation and decide whether they are eligible for assistance, and, if so, whether they pass the four homelessness tests or hurdles: homelessness, priority need, intentionality and local connection (see below). This will determine the kind of help the council is legally obliged to offer, which can range from advice and assistance to an offer of permanent accommodation.

Homelessness

You don't have to be sleeping rough to be homeless - the legal definition of homelessness,as laid out in the Housing (Scotland) Act 1987 and amended by the Housing (Scotland) Act 2001 and Homelessness etc (Scotland) Act 2003 (see below), is much broader, stating that anyone who does not have a safe or permanent home may be homeless. For example, a person may be homeless if they are forced to leave their home due to domestic abuse or harassment from their neighbours, if they have no rights to stay in their current accommodation, or if their home is seriously overcrowded (see below).

Homelessness etc (Scotland) Act 2003

The Homelessness etc (Scotland) Act gives everyone in Scotland a right to a home by 2012 and provides support to those homeless people who need it. The Act was passed by the Scottish Parliament in March 2003, and has given Scotland the most progressive homelessness legislation in Western Europe. To find out more about the Homelessness Act in general, download Shelter's Homelessness Act Fact Sheet. For information on the progress of the Act's implementation, see the commencements page in the practice solutions section.

Homelessness legislation

Legislation on homelessness is contained in Part II of the Housing (Scotland) Act 1987, as amended by the Housing (Scotland) Act 2001 and the Homelessness etc (Scotland) Act 2003 (see above). Some parts of this legislation have not yet been commenced, or brought into practice.

Homelessness Monitoring Group (HMG)

The Homelessness Monitoring Group (HMG) is the successor to the Homelessness Task Force (see below). The group oversees the implementation of the HTF recommendations and the changes in homelessness practice brought about by the new homelessness legislation (see above).

Homelessness Task Force (HTF)

The Homelessness Task Force (HTF) was set up in 1999 to to review the nature and causes of homelessness and make recommendations for change. The Task Force published two reports, the first of which was published in 2000 and formed part of the 2001 Housing Act. The second and final report was launched in February 2002, and contained landmark recommendations for changing how homelessness is dealt with in Scotland. You can find out more about the HTF and HMG in the practice solutions section.

Housing waiting list

The term housing waiting list refers to the number of people who are waiting to get a council house and the number of people who are in a council house but wish to move to another one (see allocations above).

Intentionality

Intentionality is the third homelessness test (see homelessness application above). Before it can offer a homeless applicant permanent accommodation, the council must check whether they deliberately did or didn't do something that resulted in their becoming homeless. The advice page on intentionality explains this in more detail. Section 4 of the Homelessness etc (Scotland) Act 2003 (see below) changes the duty to investigate intentionality to a power, so that councils will be able to waive this test if they choose. However, the commencement date for this section is not yet know.

Local connection

Local connection is the fourth homelessness test (see homelessness application above) and establishes whether a homeless person has any links with the council's area. Section 8 of the Homelessness etc (Scotland) Act 2003 (see above) suspends the local connection test but has not been commenced as yet. You can find out more about local connection here.

Overcrowding

The Housing (Scotland) Act 1987 provides the legal definition of overcrowding, which sets out how many rooms and how much space a home should have for the number of people living there. The page on overcrowding in advice online explains the criteria.

Priority need

Priority need is the second homelessness test (see homelessness application above). People in priority need are considered to be more vulnerable than other people, and so more in need of help to find accommodation. For example, pregnant women, 16 and 17-year-olds and people responsible for dependent children are all in priority need. You can find out more about priority need in our advice pages. Priority need is due to be abolished in 2012, so that all unintentionally homeless people will then be entitled to permanent housing.

Registered social landlord (RSL)

Registered social landlords (RSLs) are usually housing associations or housing cooperatives which are registered with the government housing agency, Communities Scotland. They aim to provide good, low cost accommodation for people who really need it.

Right to Buy

Most Scottish secure tenants who rent from the council or a registered social landlord (see above) have the right to buy their homes, subject to certain conditions. Since Right to Buy was introduced in 1980, it has led to a depletion of social housing stock. Find out more about who has the Right to Buy, and download a briefing examining the impact of the Right to Buy in Scotland and outlining Shelter's proposals for change in light of that impact.

Scottish Housing Quality Standard (SHQS)

The SHQS is a national standard of minimum quality requirements, which can be applied to homes in the public and private sectors. To meet the SHQS, a home must:

• meet the tolerable standard (see below)
• be free from serious disrepair
• be energy efficient
• have modern facilities and services
• be healthy, safe and secure.

By 2015, all social housing should meet the SHQS. You can find out more about the SHQS at the Communities Scotland website.

Section 5 referrals

Section 5 referrals (introduced in Section 5 of the Housing (Scotland) Act 2001) are the formal means by which councils can ensure that homeless people are housed by registered social landlords (see above). RSLs have to comply with the council's request for accommodation, unless they have a good reason not to. You can find out more about Section 5 referrals here.

Social housing

Social housing is owned by councils or registered social landlords (see below). Social housing may be houses, flats, high-rise flats, etc. Social housing is sometimes referred to as public sector housing.

Stock transfer

This is the process by which councils transfer the ownership and management of their housing stock to registered social landlords (see above). Before a transfer can take place, tenants who will be affected by the transfer are balloted, and the majority must vote in favour of the transfer in order for it to proceed. Scottish Ministers must then approve the transfer before it can go ahead.

Temporary accommodation

When an individual or household makes a homeless application (see above) the council must offer them temporary accommodation if they have nowhere else to stay. This accommodation may consist of a flat, house, bedsit, hostel or, in some limited circumstances, a bed and breakfast hotel (see above), and should be suitable for any special needs the applicant has. You can find out more about temporary accommodation here.

Tolerable standard

The tolerable standard is a minimum repair standard set by the Housing (Scotland) Act 1987 and amended by the Housing (Scotland) Act 2001 and the Housing (Scotland) Act 2006. A home will meet the tolerable standard if it:

• is structurally stable
• is substantially free from rising or penetrating damp
• has satisfactory provision for natural and artificial lighting, for ventilation and for heating
• has an adequate piped supply of wholesome water available within the house
• has a sink provided with an adequate supply of both hot and cold water within the house
• has a toilet available for the exclusive use of the occupants of the house and suitably located within the house
• has a fixed bath or shower and a wash-hand basin, all with a satisfactory supply of hot and cold water suitably located within the house
• has an effective system for the drainage and disposal of foul and surface water
• has satisfactory facilities for the cooking of food within the house
• has satisfactory access to all external doors and outbuildings.

The Housing (Scotland) Act 2006 introduces an additional condition: that any electrical installations are adequate and safe to use.

Unsuitable accommodation

See Bed and breakfast above.