Your Rights on Choosing Temporary Housing in Scotland

When renters in Scotland face eviction or have become homeless, a central question often arises: can you choose where you’re housed by the council? This guide explains your rights, how Scottish law works, and what you can expect from the allocation process if you’re seeking help from your local authority following eviction or a housing crisis.

How Does Council Housing Allocation Work in Scotland?

Local councils in Scotland have a legal duty to help people who are homeless or at risk of homelessness. Under the Housing (Scotland) Act 1987, as amended, councils must assess your needs and may offer you temporary accommodation while you wait for a settled offer.^[1]

Do You Have a Say in Where You’re Housed?

• Councils will consider your stated preferences for location, type of housing, and particular needs — for example, proximity to work, schools, or support networks.
• However, you do not have the legal right to demand a specific area or property. Offers depend on availability, demand in your area, and council policies.
• If you refuse an offer deemed ‘reasonable’, the council may reduce its duty to help or end your temporary housing.

This means you can express preferences, but there’s no guarantee they will be met every time.

Key Legislation and Your Rights

• Housing (Scotland) Act 1987: This law frames your rights to be assessed as homeless and to receive temporary or permanent housing support from your council. Read the official Housing (Scotland) Act 1987.^[1]
• Homelessness etc. (Scotland) Act 2003: Strengthened obligations on councils to help those in need. See the Homelessness etc. (Scotland) Act 2003.^[2]

If You Disagree With an Offer

If you feel a housing offer is unsuitable (for example, due to disability, safety, or proximity to vital services), you can ask for a review of the decision. Councils must have an appeal process.

Important Forms: Applying as Homeless

• Housing/Homelessness Assistance Application (form varies by council):
  
  • When used: Start by contacting your local council’s housing office and filling out their homelessness application. This can often be done online, by phone, or in person.
  • Example: You’re threatened with eviction and apply to be recognised as homeless, providing your situation and any needs (medical, school, work location).
• Suitability Review/Appeal Request (no set national form):
  
  • When used: If offered housing isn’t suitable, ask the council in writing to review the offer. Include reasons and supporting evidence, like medical letters or safety concerns.
  • Example: You are offered a property far from your children’s school and request reconsideration. Check your own council’s website for their review process.

The First-tier Tribunal for Scotland (Housing and Property Chamber) handles residential tenancy disputes, including eviction decisions and private tenant matters.^[3]

What Makes a Housing Offer ‘Reasonable’?

• Councils must consider your individual needs (health, children, work), but they may only have limited options in popular areas.
• Reasonableness is based on Scottish Government guidance, which you can view on the official Scottish Government homelessness policy page.
• If the home is unsuitable, gather evidence to support your appeal (medical notes, proof of family ties, etc.).

Action Steps for Renters Seeking Housing

1. Contact your local council’s homelessness team as soon as possible. Early contact gives you the best chance to explain your needs and preferences.
2. Make your needs and preferences clear during your application and interviews.
3. If offered temporary or settled accommodation you can’t accept, respond in writing, giving specific reasons and evidence.
4. Request a review if an offer seems unreasonable — do this promptly to avoid losing support.

Remember that communication with your council is essential throughout this process.

Frequently Asked Questions (FAQs)

1. Can I pick the exact area or street I want to live in?
   Generally, councils consider your preferences, but you cannot demand a particular street or neighbourhood. Offers are made based on availability and your needs.
2. What if the council offers me housing I can’t accept?
   You can ask for a review if the housing is unsuitable. If you refuse a reasonable offer, the council might end its duty to provide accommodation, so always seek advice first.
3. How quickly will the council find me somewhere to live?
   Response times vary by area and demand. Councils must offer temporary accommodation while assessing your case, but it may take time to find a settled home.
4. Do I have to accept the first property offered?
   No, but you should only refuse with strong reasons (e.g. safety, medical needs). Refusing without reason can affect your right to further help.
5. Where can I appeal if I think a decision is unfair?
   You can ask the council for a review. For some issues, the First-tier Tribunal for Scotland (Housing and Property Chamber) may assist if private tenancy law is involved.

Summary: Key Takeaways

• You can state area preferences to your council, but they are not legally required to meet all wishes.
• If offered housing is unsuitable, you may request a review — provide clear reasons.
• Use official forms to apply and appeal, and seek support from housing services for best results.

Your best chance comes with early contact, honest communication, and understanding the limits of your rights under Scottish law.

Need Help? Resources for Renters

• Apply as homeless with your local council (mygov.scot) – central government portal for Scottish renters
• First-tier Tribunal for Scotland (Housing and Property Chamber) – dispute resolution and appeals
• Shelter Scotland: Get Help – free, confidential housing advice
• Scottish Government Homelessness Policy Information
• Contact your local council housing team for application forms and advice

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1. Housing (Scotland) Act 1987
2. Homelessness etc. (Scotland) Act 2003
3. First-tier Tribunal for Scotland (Housing and Property Chamber)

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