Temporary Housing Rights for Renters in Scotland

Finding yourself in temporary housing can feel overwhelming, especially if you’re dealing with eviction or homelessness. Understanding your legal rights and what Scottish law says about temporary accommodation can make this time less stressful and help you make informed decisions. This guide explains your protections, what to expect, and where to get more help.

Your Legal Rights in Temporary Housing in Scotland

If you become homeless in Scotland, your local council must provide temporary accommodation while they investigate your situation. The rules are set out in the Housing (Scotland) Act 2010 and related laws.^[1]

• Right to suitable accommodation: Councils must offer accommodation that is suitable for your needs, including any health conditions or family requirements.
• Right to information: You must get a written notice outlining the terms, daily charges (if any), and length of your stay.
• Right to challenge decisions: You can ask the council to review their housing or suitability decision.
• Protection from illegal eviction: You cannot be forced out of temporary accommodation without proper notice.

The council remains responsible for your accommodation until a final decision on your homelessness application is made, and often afterwards if they cannot secure long-term housing right away.

Who Can Access Temporary Accommodation?

Anyone who is homeless, or at risk of homelessness within the next two months, can apply to their local council for help. This includes families, couples, and single people. The council has a duty to provide temporary accommodation to most applicants while your application is assessed.

What To Expect From Temporary Accommodation

• May be a council property, B&B, hostel, or housing association home
• You have rights to basic privacy, dignity, and safety
• Accommodation must be suitable for your household’s needs—for example, not mixing vulnerable young people with unrelated adults, and taking disabilities into account
• If you have children or are pregnant, extra rules ensure the place is safe and adequate

Eviction and Ending Your Stay in Temporary Accommodation

Temporary housing does not give you the same protections as a long-term social or private tenancy, but you are still legally protected from sudden or unfair eviction.

• Notice period: You must get reasonable written notice if you are being asked to leave.
• If the council finds you intentionally homeless, they must still offer you sufficient time and support before moving you on.
• You can appeal housing decisions if you think they are unfair or unlawful.

Key Official Forms for Scotland

• Homelessness Assistance Application (no standard numbered form): Start by applying to your local council. Provide your details and explain your circumstances. Official guidance and links by council area can be found on the mygov.scot: Apply for homeless help page.
• Review Request Form: If your council makes a decision you disagree with (like finding you 'intentionally homeless' or deeming accommodation suitable), you can request a review in writing—usually by letter or using the council's own online form. See the process on the mygov.scot: Homelessness decisions and reviews resource. Example: "I do not agree with the council's decision and wish to ask for a review."

For eviction issues, you may also be able to bring your case to the First-tier Tribunal for Scotland (Housing and Property Chamber), which handles disputes about residential tenancies and eviction.^[2]

Standards and Suitability: What Should Be Provided?

Temporary accommodation must meet certain standards set by law. That includes:

• Secure and safe premises
• Sufficient space and privacy
• Adequate heating, lighting, and water
• Access to cooking facilities, except in emergencies

Children and pregnant women should not be housed in B&B accommodation except in emergencies, and for no more than 7 days.^[3]

How to Request a Review of Your Accommodation Decision

If you disagree with the council’s decision about your housing or suitability, you have the right to a review.

• Write to the council within 21 days of receiving the decision
• State clearly which decision you disagree with and why
• Attach any supporting evidence (for example, medical information, photos, or statements)
• The council must respond in writing

For extra help, you can seek advice or advocacy services (see below).

FAQ: Temporary Housing Rights in Scotland

1. Can I be evicted from temporary accommodation without notice in Scotland?
   No, you must be given reasonable written notice before being asked to leave temporary accommodation. The council must follow a fair process and ensure you are not left without housing support.
2. What can I do if my temporary accommodation is not suitable?
   You can request a review of the suitability with your council, giving clear reasons (medical needs, family situation, etc). Use the review process described above.
3. Do I pay rent in temporary housing?
   Often, you may have to pay service charges or contributions towards rent, depending on your income and the type of accommodation. Ask your council for a breakdown of any costs.
4. Where can I escalate my case if the council will not help?
   If you're unsatisfied after a review, you may contact the Scottish Public Services Ombudsman, or bring certain housing disputes to the First-tier Tribunal (Housing and Property Chamber).
5. Is temporary accommodation a permanent solution?
   No, it is a short-term solution while the council helps you find longer-term housing or resolves your homelessness claim.

Need Help? Resources for Renters

• mygov.scot: Homelessness services (official government guidance)
• Scottish Government: Homelessness Policy
• First-tier Tribunal for Scotland (Housing and Property Chamber) — handles housing disputes
• Scottish Public Services Ombudsman — for complaints about council services
• Shelter Scotland — free housing advice and advocacy

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1. Housing (Scotland) Act 2010
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. Guidance on Temporary Accommodation Standards (Scottish Government)

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