Understanding Priority Need for Homelessness in Scotland

If you are renting in Scotland and facing homelessness or worry that you soon could be, understanding what counts as 'priority need' is crucial. The phrase 'priority need' determines whether your local council must provide you with temporary or permanent housing if you become homeless. While recent changes have made the Scottish system one of the most supportive in the UK, it's still important to understand your entitlements and the process to get assistance.

What Does Priority Need Mean in Scotland?

In the context of homelessness, 'priority need' used to mean your council would assess whether you fell into a vulnerable group (like families with children, young people, or those escaping violence) to determine how much help you would receive. However, since 2012, the 'priority need' test has been abolished for most applicants, making Scotland's homelessness response more inclusive than the rest of the UK.

Now, homelessness law in Scotland says any person who is 'unintentionally homeless' has the right to housing from their council, no matter their situation.^[1]

Are There Still Priority Need Categories?

While there is no longer a 'priority need' assessment required for permanent accommodation, it can still affect access to temporary accommodation and certain protections. Priority need groups, before 2012, included:

• Households with dependent children or pregnant women
• Young people aged 16-17 or care leavers under 21
• Those vulnerable due to old age, disability, mental illness, or escaping violence

Certain emergency or interim accommodations by the council may still consider vulnerability, but the main duty is now owed to all who are unintentionally homeless.

Your Rights as a Tenant Facing Homelessness

If you are at risk of homelessness in Scotland, you can present yourself to your local council at any point before you lose your accommodation. The council must:

• Assess your circumstances and if you are homeless or at risk
• Offer temporary accommodation while your application is considered
• If you are 'unintentionally homeless,' provide permanent accommodation or support to secure it

The First-tier Tribunal for Scotland (Housing and Property Chamber) oversees disputes related to rental agreements and eviction matters. If your issue falls outside the council's homelessness process, you may have the right to appeal to this tribunal.

Which Form to Use to Make a Homelessness Application?

• Homelessness Application Form (no standard number):
  When & How to Use: If you are homeless or about to become homeless, complete your local council's homeless application form. For example, if your landlord has served a notice to leave, visit your council office or their website, fill out the form, and arrange an interview.
  Apply for homeless help (mygov.scot)
• Notice to Leave (Private Residential Tenancy) – Form AT6:
  When & How to Use: If your landlord wants to end your private tenancy, they must use this form. If you receive a Form AT6, it counts as evidence you may be losing your home. Take it to the council to start your homelessness assessment.
  About Form AT6 on gov.scot

These forms help start the official process and ensure you receive the support Scottish law provides.

Council Responsibilities and Next Steps

Once you make a homelessness application, your council will check if you are considered:

• Homeless (you have no accommodation or can't reasonably stay at home)
• Unintentionally homeless (you did not deliberately do something to lose your home)

If you meet these criteria, you must be offered settled accommodation. The law that protects you is the Housing (Scotland) Act 1987, as amended.^[1]

Action Steps for Renters

• Gather evidence (notices from your landlord, correspondence, proof of vulnerability)
• Complete your local council's homelessness application form
• Attend interviews or appointments with the council
• Bring up any need for temporary accommodation immediately if you can't stay at your current address

FAQ

1. What evidence do I need to prove I'm at risk of homelessness?
   If your landlord has served a written notice (like a Notice to Leave or Form AT6), keep copies to show your council. Other evidence includes emails, court notices, or police reports if fleeing violence.
2. If I am single and have no children, do I still qualify?
   Yes. Since 2012, councils in Scotland must help all people who are unintentionally homeless, regardless of family status.
3. Can the council refuse to help if they believe homelessness was my fault?
   The council may assess if you are "intentionally homeless." If they decide you lost your home on purpose, you may lose your right to permanent housing but should still be offered temporary help and advice.
4. What if I disagree with the council's decision?
   You can request a review of the council's decision. If unresolved, you may appeal to the First-tier Tribunal for Scotland (Housing and Property Chamber).
5. Is there a time limit for making a homelessness application?
   You can apply at any time. The earlier you apply, the more options you may have for support, especially before being evicted.

Conclusion

• In Scotland, anyone who is 'unintentionally homeless' has the right to council help, thanks to strong legal protections.
• Use official forms and approach your council early for advice and support.
• Legislation now requires councils to help all people at risk, regardless of age, family status, or vulnerability.

Early action and understanding your rights will maximise your housing options in a crisis.

Need Help? Resources for Renters

• MyGov.Scot – Homelessness Support
• Scottish Government Homelessness Information
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Shelter Scotland – Renters Help and Advice
• Statutory Notices and Forms (gov.scot)

1. Housing (Scotland) Act 1987