Skip to main content
Shelter Logo
Scotland

Homeless decisions the council can make

Getting your decision letter

After you make a homeless application, the council will decide if they have a duty to give you a permanent home. They should make a decision within 28 days.

They must send you a letter explaining the decision and what happens next. They can send it by post or email, give it to you in person, or ask you to collect it from their office.

You can appeal a homeless decision within 21 days of getting your letter.

If you're given a decision that you think is wrong, contact a Shelter Scotland adviser as soon as possible.

What the decision letter must say

Your decision letter must tell you:

  • what decision the council has made and why

  • how you can appeal the decision if you disagree with it

  • what happens next

  • where you can get advice

The decision letter must be clear and easy to understand.

If English is not your first language, the council should give you a translated version of the decision letter.

Get in touch with your homelessness officer if you do not understand your letter or if it has missing information.

What the decision means

Your homeless decision tells you how the council must help you.

Unintentionally homeless

This means you became homeless for reasons out of your control. The council must offer you a permanent home.

You should be offered a home that’s suitable for your needs. There’s no time limit for how long this takes. You can stay in temporary accommodation while you’re waiting.

Check our advice on getting permanent accommodation from the council.

Unintentionally homeless with no local connection

You can only get this decision if:

  • you do not have a local connection to the council area where you've applied

  • you have a local connection to somewhere in England or Wales

The council can transfer your homeless application to an English or Welsh council. The council you’re transferred to must offer you homeless help.

You can stay in your temporary accommodation until you’re offered new temporary accommodation in the other council’s area.

Intentionally homeless

This means the council thinks you deliberately did something, or failed to do something, that led to you losing your home.

The council does not have to offer you a permanent home. They must offer you advice and practical help to find a secure home.

You can be asked to leave your temporary accommodation, but the council must give you a reasonable amount of time to find somewhere else to live.

Threatened with homelessness

This means the council thinks you're not homeless yet, but you could become homeless in the near future.

The council does not have to offer you a permanent home. They must offer you advice and practical help to avoid homelessness or find a secure home.

Not homeless

The council can decide you're not legally homeless if they think you have a home that you could reasonably live in.

The council does not have to offer you a permanent home, and you can be asked to leave your temporary accommodation.

If you're in this situation, contact a Shelter Scotland adviser as soon as possible to understand your rights and options.

Not eligible for housing assistance

This means the council thinks you do not meet the immigration conditions for homeless help.

The council does not have to offer you a permanent home, and you can be asked to leave your temporary accommodation.

If you're in this situation, get immigration advice as soon as possible to understand your rights and options.

Problems with your homeless decision

Contact a Shelter Scotland adviser if:

  • the council refuses to give you a decision in writing

  • you’ve waited more than 28 days for a decision

  • you think the decision is wrong

  • you do not know what to do next

An adviser could help you work out your rights and challenge a decision.

You can also try:

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