Do You Have a Say in Where Emergency Housing is Offered in Scotland?

If you've lost your home or face eviction in Scotland, you might need emergency accommodation from your local council. Many renters wonder if they get a say in where this emergency housing is located. This article explains your rights, how councils decide placements, and what steps you can take if the location isn’t suitable—all in clear language for renters in Scotland.

Understanding Emergency Housing in Scotland

When you apply as homeless, your local council must provide temporary accommodation if you meet certain legal criteria. The law guiding these duties is the Housing (Scotland) Act 1987 and its amendments.¹ Your emergency housing can include:

• Hostels
• Bed and breakfasts (B&Bs)
• Supported accommodation
• Private rented flats or houses

The local council assesses your needs when deciding where to offer emergency accommodation, considering factors such as:

• Your health, support needs, and family situation
• Schooling for children
• Travel distance to work, education, or essential services
• Risk of violence or harassment in certain areas

Do You Get a Say in the Location?

In Scotland, councils have a legal duty to take your needs and preferences into account, but they are not obliged to offer you accommodation exactly where you want. The council must try to place you where it's 'reasonable' and suitable for your household, but availability and local housing pressures can make this difficult.²

If you have specific reasons for needing to be in a certain location (e.g., support networks, children’s schools, fleeing domestic abuse), it is important to tell the council as early as possible on your homelessness application.

What If the Location Is Unsuitable?

If you believe the emergency accommodation offered by the council is unsuitable, you can formally challenge their decision. You should explain clearly why the location isn’t suitable for you or your household (for example, too far from work, medical care, or school), and provide relevant evidence if possible.

Official Forms and How to Use Them

• Homelessness Application Form: Used to formally ask your council for help if you’re homeless or at risk. This can usually be filled out online, by phone, or in person via your local council’s homelessness support webpage.
  • Example: Jane is evicted and goes to her council’s website to complete the homelessness application. She includes details about her job location and her children’s school needs.
• Request for Review of Homelessness Decision (Suitability of Accommodation): There is no fixed national form number, but every Scottish council must provide a clear process (usually called a Review or Appeal Request Form) to dispute unsuitability. Find your council’s process or apply online through their housing services page (see Contact your council).
  • Example: After being placed in accommodation far from her children’s school, Jane submits a written request for review to the council, explaining the impact and referencing her earlier application details.

Always keep a copy of your application or review request and any supporting documents.

Which Tribunal Deals with Housing Disputes?

The First-tier Tribunal for Scotland (Housing and Property Chamber) handles residential tenancy disputes, including appeals and some homelessness support issues.³

How Councils Decide Where to House You

Councils use the law to assess what type and location of emergency accommodation is suitable for your needs. They must take into account:

• The needs of any children
• Ongoing medical treatment or specialist appointments
• Proximity to work or education
• The risk from domestic abuse, harassment, or violence

While you have the right for your needs to be considered, you do not have an automatic right to choose a particular area or building. Supply can sometimes be limited, especially in urban areas or for larger households.

Steps to Take if You Disagree with the Location

If you feel your emergency accommodation is not suitable because of its location, here’s what to do:

• Step 1: Contact the council’s homelessness team and state clearly why the location does not meet your needs.
• Step 2: Submit a formal review request (within 21 days), giving reasons and evidence (work, education, health, safety, etc.).
• Step 3: If you’re unsatisfied with the review outcome, consider applying to the Housing and Property Chamber for further assistance or consult a housing adviser.

Remember: The earlier you tell the council about your specific needs or reasons for a particular location, the better your chance of being placed somewhere suitable.

Frequently Asked Questions

1. Can I refuse emergency accommodation if it’s in the wrong area?
   If you refuse the council’s offer without a good reason, they may not have to make another offer or assist further. If you believe the location is unreasonable, request a review as soon as possible and explain why it’s unsuitable.
2. How long can I stay in emergency accommodation?
   Stays can last from a few days to several months, depending on how long it takes for the council to find more suitable temporary or permanent housing.
3. What if I have children and the accommodation is far from their school?
   The council must consider the needs of children, including school arrangements. Make this clear in your application and review request, as it's a strong factor in housing decisions.
4. Can I appeal if my review is rejected?
   Yes. If you are unsatisfied with the outcome, contact the Housing and Property Chamber for advice on further action.
5. Is emergency housing free?
   You may still have to pay rent or a service charge for some types of emergency accommodation, depending on your circumstances. Check with your council for details on costs and support.

Key Takeaways for Renters

• You do have the right for your needs and preferences to be considered, but not an absolute choice of location.
• If the emergency housing offer’s location is unsuitable, act quickly—request a review within 21 days.
• Use all official forms and keep evidence to support your case.

Being proactive and communicating clearly with your council increases your chances of a better outcome.

Need Help? Resources for Renters

• Homelessness Rights in Scotland – mygov.scot
• Scottish Homelessness and Housing Support Services
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Find your local council’s housing team

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1. Housing (Scotland) Act 1987 – official legislation
2. Rights to temporary accommodation explained (mygov.scot)
3. First-tier Tribunal for Scotland (Housing and Property Chamber) – official site

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