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Scotland

Temporary accommodation if you're homeless

Eviction from temporary accommodation

The council has to give you notice to evict you from temporary accommodation. You could be evicted if:

  • you’ve broken the accommodation provider’s rules

  • the council no longer has a duty to help you

  • the council has found you a permanent home

You could challenge an eviction if the council is not giving you the help they should.

Contact a Shelter Scotland adviser if you’re being forced to leave temporary accommodation with nowhere safe to go.

If you’re told the council is discharging duty

This means the council no longer has a duty to help you. They can end your temporary accommodation. Usually this happens because:

If you’re told duty is being discharged but you’re not sure why, ask the council for their decision in writing. You can usually appeal this by asking for a review within 21 days.

If you’ve broken the rules of the accommodation provider

You can be asked to leave your temporary accommodation if you've:

  • broken a term in your occupancy or tenancy agreement

  • not been staying in the temporary accommodation

  • broken the rules of the accommodation provider, such as smoking indoors

  • acted antisocially or unlawfully in the accommodation

If the reason for your actions is because of a medical condition or a disability, the council should take this into account.

Sometimes the council can end their duty to provide you with temporary accommodation, but still have to offer you a permanent home. Evicting you without providing an alternative place to stay should be the last resort.

How much notice you should get

If you’re living in a temporary furnished flat, sometimes called a TFF, you must get at least 4 weeks' notice.

If you do not leave after your notice period ends, the council usually has to get a court order to evict you. This can take some time, but the court will agree to the eviction. You could be charged for the council’s legal costs.

The council does not need a court order to evict you from a hostel. You should still be given a reasonable amount of notice, but there is no set amount. What counts as reasonable depends on your situation.

If you have children and nowhere to go

Contact social work urgently if you have nowhere else to go. Social work has a duty to make sure that children aged 17 and under are protected.

Find the social work team on mygov.scot

When to get advice

Contact a Shelter Scotland adviser if the council is telling you to leave temporary accommodation with no help and nowhere to go.

An adviser can help you check your rights and options, and sometimes you can challenge the council.

Last updated: 27 March 2024

Housing laws differ between Scotland and England.

This content applies to Scotland only.

Get advice if you're in England