Legally homeless
You do not have to be living on the street to be homeless. You might be sleeping on a friend's sofa, staying in a hostel, or living in overcrowded or unsuitable accommodation.
To be eligible for homelessness help from the council, you must be either:
legally homeless or
threatened with homelessness
Get help if you have nowhere to stay
Day or night, contact the council if you have nowhere safe to stay.
You should be given accommodation on the day you need it.
The council must help if you are homeless or likely to become homeless in the next two months.
Legally homeless
You may be legally homeless if:
You have no home where you and your household can live together
For example:
your accommodation is too small
you want an elderly parent to live with you but your home is not suitable for their needs
Your household can include your partner or spouse, immediate family, children you treat as your own, live-in carers or companions, and members of your extended family.
You have no right to stay where you are
For example:
you are sleeping on a friend's sofa
you are temporarily staying with friends or relatives
you live with your parents but they want you to leave
you are staying somewhere without permission from the owner
you have been evicted by your landlord
your home has been repossessed by your mortgage lender
It is not reasonable to stay in your home
For example:
you or anyone else in your family are experiencing violence or threats
you are living somewhere that isn't designed to be permanent accommodation, for example, in a refuge or bed and breakfast
your home poses a serious risk to your health/mental health
your home is below the legal standard of repairs
you have split up with your partner and cannot reasonably continue to live with them
you or someone in your household has specific needs and your home is not properly adapted
you can no longer afford your home without going into significant debt
Other reasons you could be homeless
there's nowhere to put your mobile home or houseboat
your home is legally overcrowded and the situation is damaging your mental or physical well-being
you cannot get into your accommodation, for example, because someone has changed the locks
If the council believes you are homeless
If you are legally homeless, you can stay in temporary accommodation while the council check if you meet their criteria for an offer of a permanent home.
The other two criteria that the council can look into are:
If the council decides you are not homeless
If the council decides that you are not homeless, they must let you know in writing. The decision letter should explain:
that the council has decided you are not homeless
why it came to this decision
that you have 21 days to ask for a review of this decision
When to contact Shelter Scotland
you are turned away from making a homeless application
you are told that you cannot get temporary accommodation
you disagree with the decision the council has reached
Threatened with homelessness
You can get help from the council if you are likely to become homeless within two months. For example, if your landlord gets a court order to evict you and you have to leave within two months.
If the council believes you are threatened with homelessness
The council should offer advice and assistance to find a permanent solution to your situation. They should not just help you postpone homelessness. They could:
help you prevent an illegal eviction
help you negotiate with your landlord if you have rent arrears
help you negotiate with your mortgage lender to prevent repossession
provide you with information about the mortgage to rent scheme
help you find a new place to live before you become homeless
advise you on repairs or adaptations that could make your home more suitable for you
help you sort out any family problems that may result in your becoming homeless through mediation
If the council cannot help you keep your home
If it is reasonable, you should stay in your current home until you have to leave. You should then be offered temporary accommodation.
The council should not wait until you are evicted before checking if you meet their other requirements for an offer of a permanent home.
The other two criteria that the council can look into are:
If the council decides you are not threatened with homelessness
If the council decides that you aren't threatened with homelessness, they must let you know in writing. The decision letter should explain:
that the council has decided that you are not threatened with homelessness
why it came to this decision
that you have 21 days to ask for a review of this decision
When to contact Shelter Scotland
the council do not try to find a permanent solution to your housing problem
you are turned away from making a homeless application
you disagree with the decision the council has reached
Last updated: 21 June 2021
Housing laws differ between Scotland and England.
This content applies to Scotland only.