Understanding the Housing Duty Assessment Process in Scotland

If you are a renter facing eviction or homelessness in Scotland, it's important to understand the Housing Duty Assessment process. This assessment is designed to determine what help your local council must provide if you’re at risk of losing your home. Knowing how it works can help you get the support you need, protect your rights, and plan your next steps.

What Is a Housing Duty Assessment?

A Housing Duty Assessment is a legal process carried out by your local Scottish council if you apply for help because you are homeless or likely to become homeless. The assessment determines whether the council has a duty to provide you with temporary or permanent accommodation under Scotland's homelessness laws. Councils must follow the Housing (Scotland) Act 1987 and subsequent amendments when deciding what duties apply to your situation.¹

When Does an Assessment Take Place?

You will receive a Housing Duty Assessment if you:

• Apply to your local council for homelessness assistance
• Have been evicted, or expect to be evicted soon
• Lack accommodation that is reasonable for you to occupy

It's important to contact your council as soon as you think you’re at risk of homelessness. The council must assess your application promptly and cannot delay simply because you still have a place to stay for now.

How the Assessment Works

The Housing Duty Assessment involves several key questions:

• Are you homeless, or will you be homeless within the next two months?
• Are you eligible for assistance (e.g., your immigration status, residency in Scotland)?
• Are you unintentionally homeless (meaning you didn’t deliberately leave suitable accommodation)?
• Do you have a local connection to the area?

The council will ask questions and request evidence about your circumstances, such as tenancy agreements, eviction notices, and identification. They may also contact your previous landlord or support services.

What Happens After the Assessment?

Once the assessment is complete, the council must explain its decision to you in writing. If they decide you are eligible, homeless, and unintentionally homeless, they have a legal duty to offer you suitable long-term accommodation. If only some criteria are met, you may be entitled to emergency or temporary housing while your case is reviewed.

Essential Official Forms and How to Use Them

• Homelessness Application Form (varies by council):
  - When to Use: Submit this as soon as you know you may become homeless.
  - How: Access your local council’s website or visit the housing office in person. Most councils offer an online form (for example, Glasgow City Council Homeless Application).
  - Example: If you receive an eviction notice, fill in and submit the homelessness application immediately to trigger your Housing Duty Assessment.
• Notice to Leave (Scotland) – Form AT6:
  - When to Use: If you are a private renter and receive a Notice to Leave from your landlord.
  - How: You may need to submit this notice to your council as proof you are being made homeless.
  - Example: Take a copy of your AT6 notice when making your homelessness application. Find guidance on official notices here.

For more on forms and homelessness claims, visit your local council’s homelessness help page.

The Tribunal Handling Housing Disputes in Scotland

If there are disputes about private residential tenancies, or if you wish to appeal certain decisions, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).² This Tribunal deals with housing law issues such as eviction notices, rent disputes, and repairs.

Relevant Legislation

• Housing (Scotland) Act 1987 (Part II: Homeless Persons)
• Private Housing (Tenancies) (Scotland) Act 2016

These Acts set out your rights and your council’s responsibilities. Always refer to the latest government guidance or contact a housing adviser for case-specific advice.

FAQ: Housing Duty Assessment and Homelessness Support in Scotland

1. What should I do if I get an eviction notice in Scotland?
   Contact your local council immediately, submit a homelessness application, and provide a copy of your eviction notice (e.g., AT6 form) as evidence. The council will start a Housing Duty Assessment.
2. Can the council refuse to help if I’m being evicted?
   Generally, Scottish councils must provide advice and, if you are eligible, temporary accommodation while assessing your case. If you’re found to be intentionally homeless or ineligible, they may offer limited help, but they cannot simply refuse your application outright.
   
3. What happens if I refuse the temporary accommodation offered?
   Refusing suitable temporary accommodation can lead to the council ending its duty to you, so always speak to a housing adviser before making a decision.
4. What if I disagree with the council’s Housing Duty Assessment decision?
   You have the right to request a review of the council’s decision. Submit your request in writing within 21 days of receiving the decision notice.
5. Is my immigration status important for homelessness support?
   Yes, some categories of immigration status limit your rights to homelessness support. The council will check your eligibility as part of the assessment.

Conclusion: Key Takeaways

• Your local council must assess your homelessness application promptly and explain its decision in writing.
• You can submit official forms like the Homelessness Application and Notice to Leave as evidence.
• If you disagree with a decision, you have the right to request a review and may be able to appeal to the Housing and Property Chamber.

Acting quickly gives you the best chance of receiving help. Always keep copies of important forms or notices.

Need Help? Resources for Renters

• Find your local council homelessness service
• Citizens Advice Scotland: Get help with homelessness
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Scottish Government: Homelessness policy and support

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1. See the Housing (Scotland) Act 1987, Part II for full legal requirements on homelessness duties.
2. Learn more about disputes and appeals at the First-tier Tribunal for Scotland (Housing and Property Chamber).

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