Getting Back into Housing After Eviction in Scotland

If you have been evicted in Scotland, it can feel overwhelming to find a new place to live. But there are clear routes and support systems to help you access housing quickly and safely. This guide walks you through your rights, the legal steps, and practical actions to take when getting back into housing after an eviction in Scotland.

Understanding Eviction and Your Rights as a Renter in Scotland

After you have been evicted, it’s important to know your legal status and what help you can get. Evictions in Scotland are governed by laws such as the Private Housing (Tenancies) (Scotland) Act 2016 and the Housing (Scotland) Act 1988.¹ These acts set out your rights as a tenant and how councils must support people facing homelessness.

What Does ‘Homeless’ Mean After Eviction?

You are considered legally homeless if you have no home you can reasonably live in, even if you aren't on the streets. If your eviction has left you without secure accommodation, you are eligible for help from your local council.

First Steps: Contacting Your Local Council’s Homelessness Service

Every council in Scotland has a statutory duty to help if you are homeless or at risk of homelessness. You should:

• Contact your local council as soon as possible (even before the eviction if you receive a notice)
• Explain your situation and ask to make a homeless application
• Provide any paperwork relating to your eviction, previous tenancy, or income

Local authorities must offer advice and temporary accommodation right away if you have nowhere safe to stay. Find your local council’s contact and homelessness support info on the Scottish Government’s Homelessness page.

The Homelessness Application Process: What to Expect

Applying as homeless to your council is free. Everyone who applies has a right to have their needs assessed and to get temporary accommodation if required.

• Form: Housing Options Assessment Form
  When you contact the council, you will likely be asked to complete a Housing Options Assessment Form. This captures your housing history, current situation, and needs. Staff will help you fill it out if needed.
  Example: If you have recently lost your private rental and have no fixed address, bring confirmation of your eviction and ID to help speed up the process.
  Official info: How to apply for homelessness support (mygov.scot)
• Form: Homelessness Application
  Most councils do not provide a downloadable universal homelessness form because applications are usually handled in person or over the phone. However, ask your council for any local documentation when you apply.
  Find your council: Homelessness services by council - mygov.scot

What Happens After You Apply?

• The council will assess if you are legally homeless or at risk
• They must offer at least temporary accommodation immediately if you are homeless
• Your caseworker will work with you to create a Personal Housing Plan

If you disagree with a decision (for example, if the council says you are not homeless), you have the right to request a review.

Moving Forward: Seeking Longer-Term Housing

Once your homelessness is confirmed, the council must help you find settled accommodation. This may include:

• Support applying for council or housing association tenancies
• Advice or help in the private rented sector
• Benefits or financial support, including for deposits and advance rent (such as through a Discretionary Housing Payment)

Sometimes, the council or a third-party organisation may help you apply for the Scottish Welfare Fund, which can offer crisis grants or community care support. Learn how to apply for the Scottish Welfare Fund.

Using the First Tier Tribunal for Scotland (Housing and Property Chamber)

If you faced eviction due to a dispute (like a deposit or repairs argument) or believe your eviction was unlawful, you can apply to the First Tier Tribunal for Scotland (Housing and Property Chamber).²

• Application Form: Eviction/Deposit/Repairs Related Applications
  The tribunal provides different forms for distinct disputes, such as unfair eviction or unlawful retention of deposit.
  Example: If your landlord did not follow the correct legal process for eviction, you can apply to the tribunal for a review.
  Find official application forms here: Housing and Property Chamber Application Forms

If successful, the tribunal may order compensation or insist your landlord follows the law.

Other Practical Steps for Re-Entering the Housing Market

• Register with council and housing association waiting lists as soon as possible
• Gather essential documents: ID, proofs of eviction/rent payments, benefit letters
• Ask the council about any local rent deposit guarantee or bond schemes
• Seek advice from free agencies like Shelter Scotland or Citizens Advice if you hit obstacles

Be persistent: If initially refused housing, you can always challenge decisions or ask for a review. Official support services exist to help you navigate the system.

FAQ: Getting Back Into Housing After Eviction in Scotland

1. What support am I entitled to from the council after an eviction in Scotland?
   The council must offer advice, assistance, and, if you are homeless or at risk, at least temporary accommodation while your application is processed.
2. How quickly can I get temporary accommodation?
   If you have nowhere safe to stay, councils are required to offer temporary accommodation immediately, usually on the same day you apply.
3. Can I appeal a council’s decision if they refuse me help?
   Yes, you can ask the council for a review. If needed, organisations like Shelter Scotland or the Housing and Property Chamber can support you through the process.
4. Will an eviction make it impossible to get another tenancy?
   No, but it may make it harder in the private sector. Council and housing association homes are available based on need, and your local authority must assist if you are homeless.
5. Where can I find official forms and guidance?
   Most forms are handled through local councils or the Housing and Property Chamber. Links and contacts are provided above for each application type.

Conclusion: Key Takeaways

• Contact your local council immediately if you’re facing or have experienced eviction
• You have legal rights to emergency accommodation and homelessness support under Scottish law
• Persevere and use local and national help—official agencies and tribunals are there to support you

Taking action quickly is the best way to secure safe housing and access all the support you’re entitled to in Scotland.

Need Help? Resources for Renters

• Scottish Government Homelessness Support – Start your application and get advice
• Shelter Scotland – Free housing advice and helpline for renters: 0808 800 4444
• First Tier Tribunal for Scotland (Housing and Property Chamber) – Resolve tenancy, eviction and deposit disputes
• Citizens Advice Scotland – Support with housing, benefits, and appeals
• Scottish Welfare Fund – Crisis and community care grants to help after eviction

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1. See: Private Housing (Tenancies) (Scotland) Act 2016 and Housing (Scotland) Act 1988.
2. First Tier Tribunal for Scotland (Housing and Property Chamber)

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