Homeless decisions the council can make
Appealing a homeless decision
You can appeal a decision the council makes about your homeless application.
You must do this within 21 days of getting the written decision.
If you got the decision more than 21 days ago, you can still ask to appeal but the council do not have to agree to this.
Get advice before appealing the decision to make sure you have a strong case.
You'll only get 1 chance to appeal.
How to appeal
You can appeal in writing, over the phone or in person. It’s best to appeal in writing so that you have proof of what you said, and when.
You’ll need to give evidence to show why the decision is wrong.
If you appeal in person you can bring someone to support or represent you. You have the right to an interpreter if you need one.
Evidence you can use
Look at the reasons the council gave for the decision they made. Find evidence that shows their reasons are wrong.
Check if they missed anything about how you became homeless. Include evidence of this in your appeal.
Evidence includes things like:
police incident reports about violence or harassment you've experienced
proof of your income and expenses to show your home was unaffordable
letters from doctors, social workers, debt advisers, or other services that explain why you could not stay in your home
Get help from Shelter Scotland
Call or chat with us as soon as possible if you want to appeal.
We'll help you work out if you have a strong case and what evidence you might need to get. We may be able to refer you for help to appeal the decision.
You can also try contacting your local Citizens Advice Bureau.
You must appeal within 21 days of getting your decision in writing.
Getting an appeal decision
The decision must be reviewed by someone at the council who both:
was not involved in the original decision
has a more senior job than the person who made the original decision
The council must tell you their new decision in writing. They can send a letter in the post or give it to you in person.
The letter must explain if the original decision has been changed and why.
If your appeal was rejected, the council should give you some more time in temporary accommodation.
There's no time limit for the council to review the decision. You can usually stay in your temporary accommodation while you're waiting.
If you still disagree with the decision
In some cases, you can ask for a judicial review. This means a court will look at:
how the decision was made
whether the decision was made correctly according to the law
You can ask for a judicial review within 3 months of the review decision. You’ll need help from a solicitor to do this.
Check our advice on getting legal aid or free legal advice.
Getting more time in temporary accommodation
If your appeal is refused, you'll usually need to find your own accommodation.
Ask the council for extra time in your temporary accommodation if you need more time to find somewhere to move to.
Your rights depend on the homelessness decision the council gave you.
Intentionally homeless
The council must give you advice, practical help and a reasonable amount of time to find a home even if they rejected your appeal.
They cannot ask you to leave before they have given you enough advice and practical help.
you've been asked to leave but the council have given you very little or no help
you've only been given a short time to find your own accommodation
Use this letter template to ask for more time.
Copy and paste the sample text and personalise it with your details.
Letter template: stay in temporary accommodation after intentionally homeless appeal refused
Subject: Request more time in temporary accommodation
Dear <council>
Following the council’s decision to refuse my appeal, I am writing to request more time in temporary accommodation.
My name is <your full name>, my date of birth is <your date of birth> and my current address is <your temporary address>. I appealed my ‘intentionally homeless’ decision, but my appeal was refused.
Due to <my health/my personal circumstances/lack of housing>, I have not yet been able to find alternative accommodation. I am therefore requesting more time in temporary accommodation to allow me a reasonable opportunity to find somewhere to live.
The Scottish Government Code of Guidance on Homelessness says that:
- 8.31: You have a duty to provide accommodation until I have had a reasonable opportunity to find alternative accommodation
- 8.32: You have a duty to give me advice and assistance in finding alternative accommodation
- 8.33: What counts as a reasonable opportunity depends on my circumstances and needs, and the availability of housing in my area
Please respond to this letter in writing to confirm your decision on extending my time in temporary accommodation.
Thank you
<your first and last name>
<contact number>
<the date you’re sending this letter or email>
You can also send the letter as an email attachment or through the post:
No local connection
Even if your appeal is refused, the council that you've applied to should not ask you to leave straight away.
They must wait until the council that you have a local connection with accepts the referral from them.
Ask the council if you need help to travel to the area you have a connection with.
Not homeless
If you were found to be not homeless the council can ask you to leave temporary accommodation.
You can try asking them for more time whilst you look for another home, but they may not agree.
You can use this letter template to help you ask for more time. Copy and paste the sample text and personalise it with your details.
Letter template: request more time in temporary accommodation
Subject: Request more time in temporary accommodation
Dear <council>
Since my homeless decision, I have been looking for a new home as I’ve been asked to leave my temporary accommodation.
If I move out of my temporary accommodation by <date when you were told to leave> I will have nowhere to live. This is because <explain why, for example: I'm having difficulties finding a suitable property / I have found a new home but I cannot move in yet>.
Please extend my stay until at least <date> so that I have somewhere to live.
I hope we can come to an agreement so that I can find a new home and not have to <sleep rough/live somewhere where I am at risk>. This would put me at risk because <explain why, such as any health, safety or disability issues that would be worse for you and anyone that lives with you>.
Please confirm in writing if you'll allow me more time to find a new home.
Thank you
<your name>
<your date of birth>
<the address of your temporary accommodation>
You can also send the letter as an email attachment or through the post:
Not eligible for assistance
If you were found not eligible for assistance because of your immigration status, speak to an immigration adviser before you ask for more time.
To find an immigration adviser:
Last updated: 7 January 2026
Housing laws differ between Scotland and England.
This content applies to Scotland only.