Temporary accommodation if you're homeless
Eviction from temporary accommodation
The council has to give you notice to evict you from temporary accommodation. You could be evicted if:
you’ve broken the accommodation provider’s rules
the council no longer has a duty to help you
the council has found you a permanent home
You could challenge an eviction if the council is not giving you the help they should, or you're being evicted due to something related to a disability.
Contact a Shelter Scotland adviser if you’re being forced to leave temporary accommodation with nowhere safe to go.
If you’re told the council is discharging duty
This means the council believe they no longer have a duty to help you. They can end your temporary accommodation. Usually this happens because:
you’re not eligible for homeless assistance because of your immigration status
you’ve been given a not homeless decision because the council thinks you're not legally homeless
you’ve been given an intentionally homeless decision, and the council has given you time and help to find other housing
the council has offered you suitable permanent accommodation but you’ve refused it
you ’ve consistently done something that breaks the rules of the accommodation
If you’re told duty is being discharged but you’re not sure why, ask the council for their decision in writing. You can usually appeal this by asking for a review within 21 days. Get advice if you're appealing this decision to help you make the strongest case possible.
If you’ve broken the rules of the accommodation provider
You can be asked to leave your temporary accommodation if you've:
broken a term in your occupancy or tenancy agreement
not been staying in the temporary accommodation
broken the rules of the accommodation provider, such as smoking indoors
acted antisocially or unlawfully in the accommodation
If the reason for your actions is because of a medical condition or a disability, the council should take this into account.
Sometimes the council can end their duty to provide you with temporary accommodation, but still have to offer you a permanent home. Evicting you without providing an alternative place to stay should be the last resort.
How much notice you should get
If you’re living in a temporary furnished flat, sometimes called a TFF, you must usually get at least 4 weeks' notice. You should get longer if it says so in your occupancy agreement.
If you do not leave after your notice period ends, the council usually has to get a court order to evict you. This can take some time, but the court is likely agree to the eviction. You could be charged for the council’s legal costs.
The council does not need a court order to evict you from a hostel. You should still be given a reasonable amount of notice, but there is no set amount. What counts as reasonable depends on your situation.
Get advice as soon as possible to help prevent the eviction.
If you have children and nowhere to go
Contact social work urgently if you have nowhere else to go. Social work has a duty to make sure that children aged 17 and under are protected.
Find the social work team on mygov.scot
When to get advice
Contact a Shelter Scotland adviser if the council is telling you to leave temporary accommodation with no help and nowhere to go.
An adviser can help you check your rights and options, and sometimes you can challenge the council.
Last updated: 2 May 2024
Housing laws differ between Scotland and England.
This content applies to Scotland only.