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Scotland

Temporary accommodation if you're homeless

Challenging unsuitable temporary accommodation

The type of temporary accommodation the council can offer if you're homeless depends on your needs and what's available.

All temporary accommodation must meet basic standards. After 7 days in basic standard accommodation, the council must offer you somewhere that meets extra standards.

You can get advice and challenge the council if you’re in unsuitable accommodation for longer than 7 days.

Do not refuse an offer of temporary accommodation. It's better to accept the offer and then challenge it if it's unsuitable.

The council can offer emergency accommodation for 7 days

Emergency accommodation is sometimes called interim or unsuitable accommodation.

This can be a hostel, hotel, bed and breakfast or temporary furnished home.

All accommodation must meet basic standards. It must:

  • be wind and watertight

  • not be a danger to your health, have adequate fire safety provisions and not need major repair work

If you’re not pregnant, do not have dependent children and you agree to it, it can also be:

  • rapid access accommodation, which must have a private, lockable and furnished bedroom, and offer specialist support services

  • a flat or house with no more than 5 people, which must be of a good standard and where you have your own lockable bedroom

  • a room in someone’s home

The council can offer you accommodation that is not in the council area for the first 7 days if either:

  • you become homeless after office hours

  • there is no other suitable accommodation available

There are further standards that temporary accommodation must meet, but only after 7 days in accommodation with basic standards.

You can stay for longer if you agree. If you do not agree, the council has to offer you something more suitable.

After 7 days in emergency accommodation

Unless you’re in a domestic abuse refuge, supported accommodation, or are homeless because of an emergency like a flood or fire, after 7 days the council must offer a place that:

  • is usable 24 hours a day

  • has a proper private bathroom that you can access

  • is in the council area, unless you agree to stay elsewhere

  • is suitable for your children to visit if they do not live with you permanently

  • has enough bedrooms for the size of your household, taking into account who can share a room

  • has proper cooking facilities and a living room that you can use, but this can be shared with other households

The council must also take you and your family’s needs into account when making an offer of temporary accommodation.

The place you’re offered should be located in an area where you can reasonably access your workplace, school, and health and support services.

What is considered reasonable access depends on your specific needs and circumstances.

If you get an unsuitable offer

Do not refuse an offer without getting advice. It's better to accept an unsuitable offer and challenge it, than to refuse an offer. 

If you refuse the offer, the council may not have to give you another option.

Use this template to tell the council you accept the offer but plan to appeal. Copy and paste the text and personalise it with your details. 

Letter template: tell the council you accept the offer, but plan to appeal

Subject: Accept unsuitable offer, but plan to appeal

To <council>

I’m contacting you regarding my temporary accommodation offer. 

My name is <your name> and my date of birth is <your date of birth>. I have been working with <name of your homeless caseworker>

I have been offered temporary accommodation at <address of temporary accommodation offer> because I am homeless and have nowhere to stay. 

I accept this offer as I have nowhere else to stay, but will be appealing as I believe it is unsuitable for <my/my household's> needs. 

Please do not consider this an appeal. I will be in touch with further information. 

I look forward to hearing from you.

<your name>


You can send the letter as an email attachment or through the post:

How to challenge unsuitable accommodation

Step 1: tell the council

If you've been in unsuitable accommodation for longer than 7 days, tell the council they must offer you something more suitable. Explain why it's not suitable and how it's affecting you. 

Take a note of the date, who you speak to and what they say. 

Step 2: send a letter

If you do not hear back, use this template to contact the council. Include any evidence you can.

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

Letter template: tell the council your temporary accommodation is unsuitable

Subject: Unsuitable temporary accommodation

To <council>

I’m contacting you regarding my temporary accommodation. I am currently staying at <address of temporary accommodation> and I have been there since <date>.

Under the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014, after 7 days you must offer me accommodation that meets the suitability standards.

I believe my current accommodation is legally unsuitable because:

<delete any that do not apply to you and add more details if you can>

- it is not usable 24 hours a day 
- it does not have a proper private bathroom that I can access 
- it is not in the council area 
- it is not suitable for my children to visit 
- it does not have enough bedrooms for the size of my household 
- it does not have proper cooking facilities and a living room that I can use
- it does not allow me to reasonably access my <work/health service/school> 
- it does not meet my household’s needs, because <give details>
- there has not been an assessment of my needs

This is impacting me because <give details of how it's affecting your health, wellbeing or personal circumstances>.

I contacted the council on <date> and spoke to <name> and was told <what they said>. I have not heard back.

I have provided the following evidence:
<list the evidence you’ve given>

I am asking for: 
- an occupational therapy assessment to determine my accommodation needs
- a temporary accommodation offer that meets my needs

Please reply within 3 days of receiving this and confirm that you will offer me suitable temporary accommodation.

If I do not get a response within this time, I will get legal advice.

I look forward to hearing from you.

<your name>


You can send the letter as an email attachment or through the post:

Step 3: get advice

If you do not get a response after 3 days, or the council do not agree to give you more suitable accommodation, get legal advice. You may be able to take the council to court.

The type of court action you’ll need to take is called judicial review. It means a court will look at whether the decision was made correctly.

There are important deadlines for this type of court action. You'll need a solicitor's help. Get advice as soon as possible.

You could:

Last updated: 21 August 2024

Housing laws differ between Scotland and England.

This content applies to Scotland only.

Get advice if you're in England