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.