Local authority duties

This section looks at the duties of the local authority after an application is made, and should be read in conjunction with the section on applying as homeless.

Children and local authority duties

Local authorities have specific duties towards the dependent children of someone applying as homeless. 

Duty to make inquiries

When an applicant approaches a local authority and the authority has reason to believe that the applicant is homeless or threatened with homelessness, the authority has a duty to make inquiries. 

Interim and temporary accommodation

This section discusses the duties of a local authority if someone is entitled to interim and/or temporary accommodation. 

Problems in temporary accommodation

The following section considers some common issues and problems encountered with regards to temporary accommodation. 

Standard of temporary accommodation

This section looks at the standards that interim and temporary accommodation must meet, and considers the particular rules that apply to accommodation provided to families with children and pregnant women. 

Charges for accommodation

This section explains the local authority requirement that those accommodated under its duties in Part II of the Housing (Scotland) Act 1987 should pay reasonable charges. 

Protection of property

A local authority has a duty to protect the property of those it believes to be homeless or threatened with homelessness. 

Local authority decisions

The Housing (Scotland) Act 1987 specifies procedures for homeless application decisions. 

Permanent accommodation and Section 5

This section explains that local authorities have a full housing duty to those who are homeless, in priority need, and not intentionally homeless. 

Refusal of offer

If an applicant refuses an offer of accommodation, local authorities often claim that they are therefore intentionally homeless. 

Exceptions to the duty to provide permanent accommodation

In certain situations local authorities can set aside their duty to place a homeless applicant into permanent accommodation. 

Intentionally homeless - Duties

This section looks at the duties the council has to people who have been found to be intentionally homeless. 

Advice and assistance

A local authority will have different duties in relation to advice and assistance depending on the status of the person who applies as homeless. 

This content applies to Scotland

Last updated: 29 December 2014