Do You Have to Pay Rent in Emergency Housing in Scotland?

If you’ve recently been evicted or made homeless in Scotland, you might be entitled to emergency housing from your local council. A common question is whether rent will be charged during this period. Understanding how emergency accommodation works, your rights, and possible costs will help you make informed decisions and access appropriate support.

Understanding Emergency Housing in Scotland

In Scotland, local councils have a legal duty to provide emergency accommodation if you are homeless or at risk of homelessness. This may apply if you have been evicted, cannot stay in your current home, or are living in unsafe conditions. Emergency housing is a short-term solution whilst your long-term options are assessed.

When Is Emergency Housing Given?

• If you apply to the council for homelessness assistance, they must offer temporary emergency housing while they assess your situation.
• This duty applies no matter why you became homeless or whether you have a local connection.
• Usual types of emergency accommodation include hostels, B&Bs, hotels, or council-provided flats.

For further details, visit the official Scottish Government homelessness help page.

Are Rent Charges Allowed in Emergency Accommodation?

Yes, councils can charge you rent or service charges for emergency and temporary accommodation. However:

• You should be told about any costs in advance, including how payments work and what benefits may help cover them.
• Councils must not discriminate or refuse shelter if you cannot pay upfront.
• If you receive certain benefits (like Housing Benefit or Universal Credit housing costs), these can often help pay these charges.

The specific rules on charging rent in Scotland’s emergency housing are set out in the Housing (Scotland) Act 1987^[1]. The council has a duty to inform you of rent levels and provide information on financial assistance and benefit claims that may be available.

What Support Is Available to Pay Emergency Accommodation Rent?

If you have a low income or claim benefits, you may be able to get help with the cost of emergency accommodation:

• Housing Benefit: If you are not working or on a low income, you can claim Housing Benefit from your council to help pay rent for temporary or emergency accommodation. See the official application guide.
• Universal Credit (housing element): If you are eligible for Universal Credit, you may be entitled to housing costs support covering some (or all) of your rent.
• Discretionary Housing Payment (DHP): If there’s a gap between your benefit and your rent, ask the council about applying for a Discretionary Housing Payment. Details, eligibility, and the application form are on the Scottish Government’s DHP page.

Always apply for these as soon as possible to avoid rent arrears while in temporary accommodation.

Which Official Forms Might You Need?

• Homeless Application (No Standard Number): Used to notify the council you are homeless or at risk, triggering your right to emergency accommodation. Complete it directly with your council via phone, online, or in person. See how to apply for help if you are homeless.
• Housing Benefit Claim Form (HB1 for most councils): To apply for Housing Benefit to cover rent payments while in emergency housing. Download via your local council’s website—start at the official Housing Benefit portal.
  Example: If you are placed in a B&B by the council, complete the HB1 form with details of the rent charged and your income to help claim support.
• Discretionary Housing Payment Application (Form D8 or local equivalent): Used if you still cannot cover all rent charges in emergency accommodation after benefits. Each council’s website gives the DHP application form and guidance here.

What Happens After Emergency Accommodation?

Emergency accommodation is a short-term response. Your council will assess your situation and usually make a longer-term plan with you, including:

• Moving you to more stable temporary accommodation, which may still involve paying rent (with further help available if needed).
• Working towards a permanent, settled home. Councils must take account of your needs, circumstances, and location preference.

You might continue to receive support with housing costs through Housing Benefit, Universal Credit, or DHP.

Disputing Emergency Accommodation Charges

If you feel the rent or charges are unfair, unaffordable, or incorrect, you can:

• Request a written breakdown from your council.
• Appeal the decision using the council’s complaints process. Most have online complaint forms—see your local council’s site.
• Contact the Scottish Public Services Ombudsman if the problem is unresolved after the council’s process: How to complain to SPSO.

If disputes persist and relate to your legal rights as a tenant, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for a binding decision.

You have a right to emergency accommodation if you are homeless and cannot be refused it because of rent arrears or inability to pay up front. Use every available benefit and advice option to avoid debt or hardship.

Frequently Asked Questions

1. Can I be refused emergency housing in Scotland if I can’t pay rent straight away?
   No, local councils must provide emergency accommodation if you are homeless, regardless of your ability to pay immediately. Financial assessments and payment plans can be arranged later.
2. Will my benefits cover emergency housing rent in Scotland?
   In most cases, Housing Benefit or Universal Credit can cover all, or some, of your emergency accommodation rent. Apply directly with your council as soon as you’re placed.
3. Is there a maximum rent councils can charge for emergency accommodation?
   There is no set legal maximum. However, rent charges must be reasonable. You can ask for a breakdown, challenge unfair costs with the council, or complain to the Scottish Public Services Ombudsman if needed.
4. What if I don’t agree with the rent I’m being charged?
   First, ask your council for a full explanation. If you’re unhappy with their response, use their complaints process and, if unresolved, approach the Scottish Public Services Ombudsman or consider a tribunal application.
5. Who do I contact if I need urgent emergency housing?
   Contact your local council using the Scottish Government's homeless application directory. They will start the process immediately and help with forms and support.

Key Takeaways for Renters

• Councils in Scotland can charge rent for emergency accommodation, but must tell you up front and provide support to pay.
• Housing Benefit, Universal Credit, and Discretionary Housing Payments are available to help cover emergency rents—apply as early as possible.
• You cannot be refused emergency accommodation due to lack of funds; seek advice, challenge unfair charges, and use complaints processes if needed.

Need Help? Resources for Renters

• Scottish Government Homelessness Help
• Citizens Advice Scotland – Housing Advice
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Find your Local Council (Homelessness contacts)
• Scottish Public Services Ombudsman – Council Complaints

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1. Housing (Scotland) Act 1987 – emergency accommodation duties and rent charges

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