When you make a homeless application, the council must offer you temporary accommodation.

Temporary accommodation must meet specific legal standards. If it does not meet the standards, it is unsuitable.

You can challenge unsuitable accommodation if you're there for more than 7 days. Use our letter templates to help you.

What makes accommodation suitable

Temporary accommodation must always:

• be wind and watertight – this means the roof, walls, windows and doors are in good condition to stop leaks and draughts

• meet basic health and safety standards

These rules apply from the first day you get accommodation.

The council should also consider your family's needs when they give you temporary accommodation.

Getting emergency accommodation

You may get accommodation such as a hotel, B&B or hostel. It may not be in the council area you applied to.

This is sometimes called emergency accommodation. You should not have to stay there for longer than 7 days.

Standards after 7 days

After 7 days, most temporary accommodation is only legally suitable if all of the following standards are met:

• you can access it 24 hours a day - for example, there's no curfew

• you have access to a kitchen, a living room and a private bathroom

• it has enough bedrooms for your family – this could be different to the number of bedrooms you’ll need in a permanent home

• it’s suitable for your children to visit, if you have parental rights but they're not living with you

• it’s in the council area you applied to - unless you have agreed to stay elsewhere

• you can still travel to work, school, health or support services

Get advice if the accommodation meets the legal standards, but it's unsuitable because of your health or disability needs. You may be able to challenge it. You’ll need strong evidence to do this.

Accept the accommodation and then challenge it so that you have somewhere to stay. Tell the council you’re accepting the accommodation but you do not agree that it’s suitable.

When the standards do not apply

These rules might not apply if you're:

• in a domestic abuse refuge

• in supported accommodation because you need specialist support services

• homeless because of an emergency like a flood or fire

How to challenge unsuitable accommodation

Speak to the council and ask them to offer you somewhere more suitable. Take a note of the date, who you speak to and what they say.

If they do not offer you suitable accommodation, use one of our letter templates to help you tell the council how they are breaking the law.

Unsuitable standard

Use this letter template if you've been in accommodation for more than 7 days and:

• you cannot access it 24 hours a day – for example, if there’s a curfew

• you do not have access to a kitchen and a living room – these are allowed to be shared with other households

• you do not have a private bathroom

• it’s not suitable for your children to visit, if you have parental rights but they're not living with you

• it does not have enough bedrooms for your family

A living room is usually allowed to be counted as a bedroom in temporary accommodation. This means your temporary home could be smaller than the size of permanent home that you need.

Copy and paste the sample text and personalise it with your details.

Unsuitable location

Use this letter template if you've been in accommodation for more than 7 days and it's difficult to get to your workplace, your child's school or essential health or support services.

What counts as difficult depends on your circumstances.

Tell the council why you have problems traveling to and from your accommodation. They should consider whether:

• transport is available at the times you need it

• the transport options are unaffordable for you

• you or your family have health or support needs that make travelling very difficult

Copy and paste the sample text and personalise it with your details.

Unsuitable for your health or disability needs

Use this letter template if your accommodation is unsuitable because:

• it’s not physically accessible to you – for example, if you use a wheelchair or you're visually impaired

• it’s causing serious harm to your physical or mental health

You’ll need to prove why the accommodation is unsuitable for your needs. Ask your doctor, community practice nurse or social worker for an occupational health assessment of your housing needs or a letter that says why your accommodation is unsuitable.

Letters should explain how your health or disability relates to your housing needs. Ask for a letter that gives a clear professional opinion about:

• why your accommodation is unsuitable for your needs

• what type of accommodation they recommend for your needs

• how your health or wellbeing would worsen if you stay in your current accommodation

• how your health or wellbeing would improve in suitable accommodation

Copy and paste the sample text and personalise it with your details.

When to get help from Shelter Scotland

Call our free helpline if the council does not offer suitable temporary accommodation by the deadline in your letter.

An adviser can help you to work out your rights and options.

Get legal advice if you’re not offered suitable accommodation

You may be able to take legal action against the council. This is called judicial review.

You'll need a solicitor's help. Get legal advice as soon as possible. You could:

• find a solicitor on Law Society of Scotland

• check if you can get free legal advice or legal aid

• contact your local Citizens Advice – they could help you find legal services in your area

There are important deadlines for legal action. You'll usually need to apply to the court within 3 months of when you applied as homeless. If more than 3 months have passed, speak to a solicitor to find out if you can still take action.