What Counts as Homelessness in Scotland?

Many renters worry that they must be sleeping on the street to qualify as homeless in Scotland. However, Scottish law has a broader definition that offers support even before you reach such a crisis. Understanding your rights can help you access help sooner if you're facing eviction, relationship breakdown, or your home becomes unsafe.

Defining Homelessness in Scotland

In Scotland, you do not have to be on the street, or “roofless,” to be considered homeless. Under the Housing (Scotland) Act 1987, you are legally homeless if:

• You have no accommodation you can reasonably occupy;
• You cannot secure entry to your home, such as being locked out or illegally evicted;
• It is not reasonable for you to remain where you are due to violence, threats, harassment, or health risks;
• Your accommodation is temporary or moving frequently (e.g. staying with friends or ‘sofa surfing’);
• Your home is significantly unsuitable for living, such as overcrowding or severe disrepair.

The law is designed to help people at risk before they reach crisis point, not just after losing all shelter.

Examples of Hidden Homelessness

You may be considered homeless in Scotland even if you:

• Are staying temporarily with family or friends due to eviction;
• Live in a hostel, B&B, or supported accommodation;
• Are forced to leave your home because of abuse or harassment;
• Remain in unsafe or severely overcrowded conditions.

If any of these apply, you can apply for homeless help at your local council. The council must assess your circumstances and help you with temporary or permanent housing, depending on your situation.

Your Rights as a Homeless Person in Scotland

Scottish councils have a legal duty to support anyone found to be homeless or threatened with homelessness within the next two months.^[1] Support includes temporary accommodation and a personalised housing plan.

How to Apply for Homelessness Support

If you believe you may be homeless or at risk, you can contact your local council’s housing department. You do not need to fill out complicated paperwork before speaking to an adviser.

Official Homelessness Application Form

• Name: Homeless Application Form (varies by council)
• Use: Completing this form notifies the council that you are homeless or about to become homeless.
• Example: You are given an eviction notice and expect to lose your accommodation in 28 days. Submit this form via your local council website or by visiting their housing office. See Apply for homelessness help (Scottish Government) for guidance.

After your application, the council will interview you, usually within a few days, and arrange temporary accommodation if needed.

What the Tribunal Does

If you have a private residential tenancy dispute, including illegal eviction, the First-tier Tribunal for Scotland (Housing and Property Chamber) can resolve issues such as wrongful evictions or repairs not done in your rented property.

Key Tenancy Legislation

Homelessness law and your rights are set out in the Housing (Scotland) Act 1987 and relevant updates from the Housing (Scotland) Act 2010. The legal grounds for eviction and dispute processes are outlined in the Private Housing (Tenancies) (Scotland) Act 2016.

1. Who is considered homeless in Scotland?
   Anyone without a suitable, secure, and reasonable home, or threatened with losing such accommodation within two months, is legally homeless. This includes people sofa surfing or in unsafe housing.
2. Do I have to wait until I’m on the street to get help?
   No, you may (and should) apply for council homelessness support as soon as you know you are at risk, well before you lose your accommodation entirely.
3. Is it homelessness if I’m staying with friends?
   Yes—if this is not your long-term home and you cannot stay there permanently, the law considers you homeless.
4. What happens after I apply for homeless help?
   The council will interview you, assess your case, and must offer temporary accommodation if you have nowhere to stay. Afterwards, they will provide you with a homelessness plan.
5. Where can I get advice for a private tenancy eviction in Scotland?
   You can get support from your local council or seek legal aid. For disputes, you may apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).

In summary, you do not need to be sleeping rough to qualify as homeless in Scotland. The law protects you if your home becomes unsafe, unsuitable, or if you have nowhere stable to stay. Take action early to secure help and prevent crisis.

Need Help? Resources for Renters

• Scottish Government: Apply for homelessness help
• Citizens Advice Scotland: Housing Advice
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Shelter Scotland: Advice Services

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1. Housing (Scotland) Act 1987
2. Housing (Scotland) Act 2010
3. Private Housing (Tenancies) (Scotland) Act 2016

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