Rehousing for Safety Reasons: Your Rights in Scotland

If you are a renter in Scotland and find yourself in an unsafe situation—whether due to domestic abuse, harassment, medical needs, or vulnerability—you may be eligible for priority rehousing from your local council. Understanding your rights and the official steps is crucial, especially if you are facing urgency or distress. This guide explains the safety rehousing process, legislation, and support for renters in Scotland.

Who Can Request Rehousing for Safety Reasons?

In Scotland, you can apply for emergency or priority rehousing if you cannot remain in your current home due to:

• Domestic abuse or violence
• Threats or harassment (including hate crime)
• Mental health, disability, or vulnerability concerns
• Serious disrepair impacting your health or safety

Local councils are legally required to help if you are homeless or at risk of becoming homeless because of safety concerns under the Housing (Scotland) Act 1987, Part II^[1].

How Does the Rehousing Process Work?

If you need to move for your safety, the rehousing process usually involves these steps:

• Contact your local council’s housing options or homelessness team. This is the first and fastest route if you are at risk.
• Explain your situation—especially if you are in immediate danger or at risk of harm.
• You may be offered temporary accommodation straight away, while your longer-term housing needs are assessed.
• Your application will be prioritised based on vulnerability, risk, and urgency.

You do not have to wait until you are physically homeless. If it is not reasonable or safe to remain at your current address, you are considered homeless under Scottish law.

Key Official Form: 'Homelessness Application' (No specific form number)

• When to use: If you need emergency or priority rehousing due to safety concerns, make a homelessness application to your local council.
• How it's used: Go to your local council’s website or housing office, ask for homelessness help, and provide details about your safety concerns. Most councils also offer an online option.
  For example, if you experience domestic abuse, you should inform the council so they can make adjustments and provide a safe space.
• Apply for homelessness support on mygov.scot

Your Rights During the Homelessness Process

Once you apply, the council must:

• Assess your case within a set time
• Provide temporary accommodation if needed
• Offer advice and support, including for mental health or disability
• Help with safety planning, including security measures and outreach services

If you disagree with a council’s decision, you can request a review in writing. If still unresolved, you may be able to appeal to the First-tier Tribunal for Scotland (Housing and Property Chamber), which handles most private renting and tenancy disputes.

Special Considerations for Vulnerable Renters

Councils must pay special attention to vulnerabilities, including:

• Ongoing mental health conditions or disability
• Pregnancy or household members with health needs
• History of abuse or harassment

Reasonable adjustments must be provided under the Equality Act 2010 (Part 2)^[2].

What Happens After You Apply?

After your initial application, the council will:

• Confirm your eligibility and determine the urgency
• Arrange temporary and, later, permanent accommodation offers
• Keep your details confidential if requested for protection
• Offer support or refer you to relevant advocacy services if you need extra help

Always keep copies of correspondence and any paperwork you submit.

1. Can I stay in temporary accommodation while I wait for permanent rehousing?
   Yes, Scottish councils must provide temporary accommodation if you cannot return to your home safely. This housing is usually provided immediately until something longer-term is arranged.
2. What should I do if the council refuses my homelessness application?
   You can ask for a review of their decision in writing. If you are unsatisfied with the outcome, you can contact the First-tier Tribunal for Scotland (Housing and Property Chamber) for further help.
3. Is domestic abuse recognised as a valid reason for priority rehousing?
   Yes, domestic abuse is a recognised and protected ground. Councils have a duty to help swiftly if you are at risk. Confidentiality will be respected at your request.
4. Do I need to provide written evidence about my safety or vulnerability?
   While detailed evidence (like police reports or medical notes) can support your case, you can still make an application even if you cannot provide these immediately. Councils should not demand proof before offering temporary help in urgent cases.
5. How do I contact my local council for a homelessness application?
   Visit the mygov.scot council directory to find contact phone numbers, office addresses, and online application options specific to your area.

Conclusion: Key Takeaways

• If you feel unsafe in your home in Scotland, you have a right to apply for rehousing from your local council.
• Homelessness support is available even if you are not yet on the street—safety risks count as a valid reason.
• Use the official council application route, and don't hesitate to request support for mental health or vulnerability needs.

Taking action quickly gives you more options and support to regain your safety and stability.

Need Help? Resources for Renters

• Apply for homelessness support (mygov.scot)
• Shelter Scotland – Free advice on housing and emergency accommodation
• First-tier Tribunal for Scotland (Housing and Property Chamber) – Appeals and tenancy disputes
• Find your local council
• Scottish Government: Homelessness and rough sleeping policy

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1. Housing (Scotland) Act 1987, Part II – Homelessness duties and definitions
2. Equality Act 2010, Part 2 – Services and public functions

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