Homelessness Protections for Renters With Children in Scotland

If you rent in Scotland and worry about being made homeless with children, understanding your rights and available support is essential. Scotland has some of the strongest legal protections in the UK for families facing homelessness. This guide explains what can happen, what support you are entitled to, and the action steps you should take if you're threatened with eviction or are at risk of losing your home with children.

What Does It Mean to Be Made Homeless in Scotland?

According to housing law in Scotland, you are considered homeless if you have no accommodation you are legally allowed to occupy, or if it's unreasonable for you and your children to continue living there due to overcrowding, risk, or other serious issues^[1].

Importantly, the law does not allow local councils or landlords to evict families with children without following the correct legal procedures. If you're facing eviction, the council has a statutory duty to help households with children.

Council Duty to House Families With Children

Scottish councils are legally required to provide accommodation for homeless families with children. Under the Housing (Scotland) Act 1987 and the Homelessness etc. (Scotland) Act 2003, the council must offer temporary accommodation and cannot turn away a family with dependent children who is homeless or about to lose their home^[2].

• Councils must provide emergency accommodation immediately if you have nowhere to stay, or if staying would be unsafe.
• They should assess your long-term needs and help secure permanent housing as soon as possible.
• Even if there is a dispute about whether you are intentionally homeless, children must not be left without safe housing during assessment.

The Legal Eviction Process in Scotland

Landlords must follow strict legal procedures before evicting tenants, especially families. For most private renters, you need a Notice to Leave under a Private Residential Tenancy or an AT6 Notice for older types of tenancies. If you receive a notice, you have rights to challenge or delay eviction, particularly if it would leave you homeless with children.

Relevant Official Forms

• Notice to Leave (no official number): Used by landlords to start the eviction process for Private Residential Tenancies.
  When/how used: If your landlord wants you to move out, they must serve this form. You should check the notice period and grounds for eviction.
  Official guidance and template.
• AT6 Notice: Used for Assured and Short Assured Tenancies.
  When/how used: Served by landlord to inform you of the grounds for possession.
  About the AT6 Form.
• Homelessness Application: There’s no standard national form; you should apply directly to your local council, online or in person.
  When/how used: As soon as you risk homelessness or have received a formal eviction notice, contact your local council for an assessment.
  Apply for homelessness help.

Action Steps if You’re Facing Homelessness With Children

• Contact your local council immediately if you’ve had an eviction notice or think you could become homeless. Councils cannot refuse to take an application if children are involved.
• Apply for help using your council’s homelessness application process (how to apply).
• Keep copies of any notices or letters from your landlord and evidence of your tenancy.
• If you don’t agree with the council’s decision, you can ask for a review. For disputes over eviction, cases are heard by the First-tier Tribunal for Scotland (Housing and Property Chamber).
• Your children’s well-being is a priority—mention this clearly when applying for help.

What Counts as 'Intentionally Homeless'?

Councils may look at whether you became homeless 'deliberately' (for example, by refusing to pay rent), but they cannot refuse you and your children temporary housing during their investigation. Regardless of the reason for homelessness, families with children must be accommodated while your case is reviewed.

If the council finds that you are intentionally homeless, they still need to offer advice and a reasonable period in temporary accommodation so you have time to secure your own housing^[3].

What Support Is Available for Homeless Families?

Families accepted as homeless are entitled to:

• Full assistance with finding and moving into permanent housing
• Help with basic necessities (food, clothing, schooling)
• Advice and referrals to relevant children’s services if needed

If you think your rights are not being upheld, you can complain to the local council or escalate further if needed (see the support section below).

Frequently Asked Questions

1. Can my landlord evict me and my children immediately in Scotland?
   No, landlords must follow proper legal procedures, including serving notice and gaining approval if needed. Councils must help families with children at risk of homelessness.
2. What if I have nowhere to go the day I become homeless?
   Your local council must offer emergency accommodation for you and your children right away while they assess your situation.
3. Can the council refuse to house me if they think I made myself homeless?
   Even if you're considered intentionally homeless, the council must arrange temporary accommodation for children and give you advice before you move on.
4. How do I start a homelessness application in Scotland?
   Contact your local council's housing department as soon as you receive a notice or risk losing your home. You can apply online or in person.
5. Where can I appeal an eviction or council homelessness decision?
   Eviction disputes go to the First-tier Tribunal for Scotland (Housing and Property Chamber). You can ask for a review of council decisions about homelessness support.

Conclusion: Key Takeaways for Renters With Children

• Scottish law gives strong protection to families with children—councils cannot leave you and your children without housing if you are homeless or threatened with homelessness.
• Act quickly if you receive an eviction notice: contact your council and keep records.
• Support is available, and you have the right to apply for accommodation and challenge decisions.

Need Help? Resources for Renters

• mygov.scot – Homelessness in Scotland: Full information on your rights, the process, and council contacts.
• First-tier Tribunal for Scotland (Housing and Property Chamber): For challenging eviction notices or landlord disputes.
• Citizens Advice Scotland – Homelessness Guide: Advice and help with council applications.
• Contact your local council's homeless team directly – find details on their website or via Apply for homelessness help.

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1. Housing (Scotland) Act 1987, Part II: Homelessness
2. Homelessness etc. (Scotland) Act 2003
3. Scottish Government: Your rights if you're homeless

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