If you think your permanent housing offer is unsuitable

If you've received a permanent housing offer that you do not think is suitable for your needs, you get 1 chance to appeal it.

Do not refuse an offer, even if you think it’s not suitable. If you refuse the offer, the council may not have to help you any more.

It is better to accept the offer and then appeal it.

Contact a Shelter Scotland adviser as soon as possible. Do this before you respond to the council. An adviser will look at your circumstances and recommend what to do next.

When an offer may not be suitable

An offer is unsuitable if the home:

• is unreasonable to live in

• does not meet your household's health or disability needs

• is overcrowded

• is a danger to your health

You can ask the council to do work to make the home suitable for your needs. For example, making disability adaptations or doing repairs.

The offer does not have to meet your preferences. Preferences are things you want, for example a garden.

Examples of unsuitable offers

An offer would be unsuitable if it:

• only has stair access, but you use a wheelchair

• is in an area where you have experienced abuse

• would mean you could not access a specialist health service

Examples of suitable offers

An offer may be considered suitable even if:

• the rooms are smaller than you would like

• you would have a long commute to work

• it does not have any outdoor space

Appealing an offer

You get 1 chance to appeal an offer. Councils sometimes call this a review.

You need to appeal within 21 days of receiving the written offer. There are specific requirements for what to include. You have to prove why the offer is unsuitable for you or your household.

Follow these steps if you want to appeal an offer.

Step 1: ask the council to hold the offer

Ask the council if they will hold your offer while you ask for an appeal. This means you can still decide to accept it later. 

Use this template to request the council hold an offer. Copy and paste the text and personalise it with your details. 

Step 2: accept the offer, if the council will not hold it

Not all councils will agree to hold the offer. If they do not agree, it’s best to accept the offer but let the council know that you’re going to appeal. 

This means if the appeal is not successful, you’ll have somewhere to live while you think about your options.

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. 

Step 3: get advice and gather evidence

There are specific requirements for what should be included in an appeal. Get advice from a Shelter Scotland adviser or Citizens Advice Scotland.

Appeals should include evidence showing why the offer is unsuitable for you. Make sure the evidence is specific to the offer and your household's needs.

Gather as much evidence as possible, for example:

• a letter from a doctor explaining how the offer does not meet your health or disability needs

• police incident numbers that show you’re at risk of abuse in a specific area

• a letter from a support worker or social worker explaining how the offer does not meet your support needs

• proof of income and savings to show why the home is unaffordable

Getting an appeal outcome

The outcome of your appeal should be decided by a senior person in the homeless team. The person reviewing the appeal cannot be the same as the person who made the initial offer.

The council still have to provide temporary accommodation while you appeal.

If you have accepted an offer, you’ll have to start paying rent after you sign the tenancy agreement.

If your appeal is not successful

If you have not accepted an offer, you may have to leave temporary accommodation.

In some cases, you could take the council to court. This is called judicial review, and it means a court will look at whether the decision was made correctly.

You can ask for a judicial review within 3 months of the appeal decision. You’ll need a solicitor’s help to do this.

Get advice on your options as soon as possible. You could:

• contact a Shelter Scotland adviser

• contact your local Citizens Advice

• check if you can get legal advice at a law centre

• find a solicitor on the Law Society of Scotland