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

In areas where there’s a housing shortage, you may be offered unsuitable accommodation, such as a hotel, B&B or hostel. This is sometimes called emergency accommodation.

If you’re in unsuitable accommodation for longer than 7 days, you can challenge it using our letter templates.

Reasons accommodation can be unsuitable

Temporary accommodation is always unsuitable if either:

• it's not wind and watertight

• it does not meet basic repair standards

• it's a risk to your health or safety

The council should take your family's needs into account when offering you temporary accommodation. If it's unsuitable for your specific health or disability needs, you can challenge this, but you'll need strong evidence.

Temporary accommodation is usually also unsuitable if you’ve been there for longer than 7 days and:

• you cannot access it 24 hours a day

• it does not have cooking facilities, a living room or a private bathroom you can access

• it’s too small for your family according to overcrowding laws

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

• it’s not in the council area, unless you’ve agreed to stay elsewhere

• it does not allow you to reasonably access your workplace, school, health or support services – what counts as reasonable depends on your specific circumstances

These rules might not apply if:

• you’re in a domestic abuse refuge

• you’re in supported accommodation because you need specialist support services

• you’re homeless because of an emergency like a flood or fire

Letter templates for challenging unsuitable accommodation

First, 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 the relevant template to write a letter that states why they are breaking the law.

Unsuitable standard of the property

Use this letter template if the accommodation is unsuitable because you've been there for more than 7 days and:

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

• it does not have proper cooking facilities and a living room that you can access – these can be shared with other households

• it does not have a private bathroom that you can access

• it’s too small for your family according to overcrowding laws

• it’s not suitable for your children to visit if they do not live with you permanently

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 accessible to you – for example, if there are stairs with no lift and you use a wheelchair

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

You’ll need to show proof of why the accommodation is unsuitable for your needs. Ask your doctor, community practice nurse or social worker for:

• an occupational health assessment to assess your housing needs

• a letter that says why your accommodation is unsuitable

Letters should be as specific as possible about how your health or disability relates to your housing situation. Ask for a letter that gives a clear professional opinion about:

• why your accommodation is unsuitable for your needs

• what type of accommodation they would recommend for your needs

• how your health or wellbeing would improve if moved to suitable accommodation

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

Unsuitable location

Use this letter template if the accommodation is unsuitable because you've been there for more than 7 days, and you cannot reasonably access:

• your workplace

• your children’s schools

• essential health or support services not available elsewhere

What counts as reasonable access depends on your circumstances. Usually, the council will say it’s reasonable for you to travel up to an hour each way by public transport.

Some examples of when this might not be reasonable include if:

• you work unsociable hours

• the transport options are unaffordable for you

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

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

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 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, a solicitor can help you work out your options.