Skip to main content
Shelter Logo
Scotland

Getting homeless help when you cannot stay in your home

You do not have to be living on the streets to make a homeless application to the council.

You could be legally homeless if it's not reasonable for you to stay where you live. For example, if there’s a risk to your health and safety.

Check our advice on making a homeless application. When you contact the council, tell them why you cannot stay where you’re living. If you have it, show them proof of why it’s unreasonable for you to stay.

Wait until you get a homeless decision before giving up your tenancy, and keep paying your rent.

If you end your tenancy, you risk getting less help from the council.

If you do not have a secure home

You're legally homeless if:

  • you're staying with friends or family and they want you to leave

  • you're staying in temporary holiday accommodation that's coming to an end

  • a court or tribunal has granted an eviction order that says you must move out

  • you have a mobile home, but nowhere to legally park it

  • you cannot get into your home – for example, if you've been illegally evicted or locked out

Show the council any eviction letters or proof that you've been told to leave.

Abuse or violence in your home

Your home is unreasonable to live in if it’s putting you at risk of:

If you can, show the council proof of any violence, harassment or threats you’ve experienced. This could be a police report, or statements from your housing officer or neighbours.

The council should not ask you to get proof if this would put you at risk.

If you've experienced domestic abuse, they should not contact the abusive person, or make you report it to the police.

Your temporary accommodation should not be in an area where you’re at risk of violence. If the council tries to make you stay somewhere unsafe, check our advice on challenging unsuitable temporary accommodation.

Relationship breakdown

If you’ve broken up with a partner or spouse, it may not be reasonable for you to stay in your home, even if you have a legal right to stay there.

Tell the council if:

  • you're not on the tenancy agreement or your ex-partner owns the home

  • your ex-partner has told you to leave or locked you out

  • living with your ex-partner is affecting your mental health

Unsafe conditions in the property

There’s a legal standard all homes must meet, called the tolerable standard.

If your home does not meet the tolerable standard, it’s probably not reasonable for you to live in it.

Check if your home meets the tolerable standard

To meet the tolerable standard, your accommodation must:

  • be structurally stable

  • not have significant problems with rising or penetrating damp

  • have enough natural and artificial light, ventilation, heating, and insulation

  • meet electrical safety regulations

It must also have:

  • a piped water supply and a working toilet

  • a sink with hot and cold water

  • a fixed bath or shower with hot and cold water

  • a working drainage and sewerage system

  • cooking facilities or a place you can install them

  • a proper entrance that you can access

  • suitable smoke, fire and carbon monoxide alarms


Your home could also be unreasonable to occupy if it:

  • is unsafe because of overcrowding

  • cannot be lived in because of an emergency like a fire or flood

  • has other serious repair problems – for example, damp and mould that’s affecting your health

  • is not accessible for your disability needs – for example, if it’s only accessible by stairs and you use a wheelchair

When you make a homeless application, show the council any proof you have, for example:

  • photos or videos of the unsafe conditions in your home

  • proof of any steps you’ve taken to get the problem fixed, such as copies of complaints to your landlord

  • medical letters about how it’s affected your or your family’s health

  • an assessment from environmental health

Getting repairs done in a rented home

Your landlord is responsible for most repairs.

Before making a homeless application, report problems and take action to hold your landlord responsible. Keep records of any steps you take.

Check our advice on:

Unaffordable rent or mortgage

Your home may be unreasonable to occupy if paying the rent or mortgage means you have to go without essentials, like food or heating.

Before making a homeless application, contact a money and debt adviser. They can help you increase your income, reduce your costs, and negotiate debts. They can also help show if there’s no way to make your home affordable.

If you still cannot afford your rent or mortgage, make a homeless application. Show the council your income, including any wages and benefits, and your living costs.

Keeping a tenancy while applying as homeless

Wait for a decision on your homeless application before giving up your home.

If you end your tenancy, there's a risk that the council could decide you're not entitled to longer-term help.

You might have to pay for temporary accommodation as well as your rent. Contact a benefits adviser at your local Citizens Advice to understand how this will affect any benefits you get.

If you’ve already given up your home

The council might say you’re intentionally homeless if they think it would have been reasonable for you to stay.

They must still take a homeless application and give you temporary accommodation while they look into why you left your home.

They should take all your circumstances into account. Explain why it was not reasonable for you to stay there, and show proof if you can.

If the council gives you a written decision that says you’re intentionally homeless, you can appeal this within 21 days. They must give you advice and time to find somewhere to live before asking you to leave temporary accommodation.

Check our advice on intentionally homeless decisions.

Last updated: 14 April 2025

Housing laws differ between Scotland and England.

This content applies to Scotland only.

Get advice if you're in England