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Scotland

Overcrowded and a danger to health

A homeless application can be made if current accommodation is overcrowded.

This content applies to Scotland

Definition of overcrowding in terms of homeless application

For a person to be considered to be homeless under these conditions, there must be both overcrowding and a danger to health. [1] Overcrowding standards are set out in legislation. [2] This is an exact science; if either of the standards is contravened then there is overcrowding. If there is no statutory overcrowding according to the definitions of the 1987 Act, the local authority must still consider whether it is 'reasonable' for a person to continue to occupy the accommodation.[3]

Last updated: 18 November 2019

Footnotes

  • [1]

    s.24(3)(d) Housing (Scotland) Act 1987

  • [2]

    ss.136-137 Housing (Scotland) Act 1987

  • [3]

    Chapter 5 para 5.14 Code of Guidance 2019