Understanding Homelessness Criteria for Renters in Scotland

Homelessness doesn’t always mean sleeping rough on the streets. In Scotland, the legal definition of homelessness is broad and designed to protect people living in insecure or unsuitable housing. If you’re a renter worried about recent eviction, rent increases, or concerns with your accommodation, knowing if you meet the criteria for homelessness is essential for accessing urgent support and council help.

Who Counts as Homeless in Scotland?

According to the Housing (Scotland) Act 1987 – Part II, you are considered homeless if you have no accommodation you have a legal right to occupy, or if your current accommodation is unsuitable for you or your family. This isn’t limited to people sleeping outside.

• You have no accommodation in the UK or elsewhere that you can legally stay in.
• Your accommodation is unsafe or unfit to live in (for example, due to serious disrepair or health hazards).
• You’re staying temporarily with friends, ‘sofa surfing’, or relying on others’ hospitality.
• You’re at risk of violence, abuse, or harassment if you remain in your current accommodation.
• You have been evicted and have nowhere permanent to go.
• You’re living apart from your family because there is nowhere suitable for you all to live together.

The law aims to ensure anyone without a safe, settled, and secure place to call home is protected.

Examples of Situations That Count as Homelessness

• Eviction or threatened eviction with nowhere suitable to go next.
• Living in temporary accommodation (such as a hostel) provided by the council because you have nowhere else.
• Staying with friends but asked to leave at short notice.
• Experiencing domestic abuse or harassment in your home.
• Living in conditions that threaten your health or safety.

Your Rights as a Renter Facing Homelessness

Scottish law places responsibility on local councils to help anyone who may be homeless or at risk of homelessness. As a renter, you have the right to ask your council for help – even before you lose your home.

• You can approach your local council if you are about to be evicted, or if your accommodation has become unsuitable.
• The council must assess if you are homeless or threatened with homelessness within 56 days.
• If you qualify, the council must offer accommodation and a personal housing plan.
• Councils must not discriminate based on your reason for homelessness.

What the Council Will Ask

• Details about your accommodation, rent, and landlord.
• Any eviction notices or letters you've received.
• Information about your family or anyone you live with.
• Evidence of health needs, disabilities, or risks such as domestic abuse.

Essential Official Forms for Homelessness Support

Homelessness Application (No Official Form Number)

• Form Name: Homelessness Application
• When Used: When you need to tell your local council you are homeless, or about to become homeless. The process usually starts by contacting your council’s housing department in person, online or by phone.
• Example: If you receive a Notice to Leave from your landlord, use the council’s online application or visit in person to start your homelessness assessment.
• Apply for homelessness help via mygov.scot

Notice to Leave (Private Residential Tenancies)

• Form Name: Notice to Leave
• When Used: If your landlord wants to end your tenancy, they must issue this official notice. If you have received one, keep a copy to share with the council as evidence.
• Example: You receive a Notice to Leave and cannot afford another private rental. The council will require this to assess your homelessness status.
• Download an example Notice to Leave on gov.scot

Read more about ending a private residential tenancy in Scotland.

Which Tribunal Handles Tenancy Disputes?

In Scotland, the First-tier Tribunal for Scotland (Housing and Property Chamber) deals with disputes between renters and landlords, including eviction cases and certain homelessness-related appeals.

Relevant Legislation

• Housing (Scotland) Act 1987
• Private Housing (Tenancies) (Scotland) Act 2016

These laws clarify when someone is deemed homeless and the responsibilities of councils and landlords.

What Should You Do If You Might Become Homeless?

• Contact your local council’s housing team as soon as possible. Tell them you are at risk of losing your home.
• Gather paperwork (such as your eviction notice, tenancy agreement, and any communications from your landlord or letting agent).
• Consider applying for extra financial support (such as Discretionary Housing Payments) via your council.
• If your application is not handled fairly, you may appeal the council’s decision. See the official homeless appeals guidance.

FAQs: Understanding Homelessness in Scotland

1. What counts as homelessness under Scottish law?
   Anyone without a safe, secure home – including those at risk of eviction, living in unsafe conditions, or staying temporarily with others – may be classed as homeless by their local council.
2. How do I apply for homelessness help in Scotland?
   Start by contacting your local council’s housing team in person, by phone, or online. You do not need a specific form to begin the process, but be sure to have documents like your Notice to Leave or tenancy agreement available.
3. What happens after I apply for homelessness assistance?
   The council will assess whether you are homeless or likely to become homeless within 56 days. If so, they must offer you at least temporary accommodation and help with finding a long-term solution.
4. Can I get homelessness help before I am evicted?
   Yes. If you have received an eviction notice or expect to lose your housing within two months, you can and should apply for help as “threatened with homelessness.”
5. Which tribunal would hear a dispute about my eviction or housing rights?
   Most tenancy and eviction disputes in Scotland are heard by the First-tier Tribunal for Scotland (Housing and Property Chamber).

Need Help? Resources for Renters

• Scottish Government Homelessness Help
• Contact your council to apply for homelessness assistance
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Citizens Advice Scotland: Homelessness Support

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1. Housing (Scotland) Act 1987 – Part II
2. Private Housing (Tenancies) (Scotland) Act 2016
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Scottish Government: Ending a private residential tenancy
5. Scottish Government: Homelessness support overview

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