Temporary accommodation standards framework - legal enforcement: consultation

Footnotes

1 All articles of the Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment Orders (2020/139 and 2020/419) apply.

2 To ensure that the accommodation is suitable a needs assessment of the household is necessary in the provision of temporary accommodation.

3 Shared tenancy is a model of temporary accommodation where a homeless household has the option to share small scale temporary accommodation, such as a temporary furnished flat.

4 Community hosting is often used to support individuals at a point of crisis who do not necessarily have wider support needs.

5 The priority when supporting people who are rough sleeping, or at risk of rough sleeping, is to get them into accommodation and ensure that they are able to access the specific support that they need. Rapid access accommodation aims to do that.

6 The SHR framework is their statement on performance of functions and sets out how they regulate both Registered Social Landlords (RSLs) and the housing and homelessness services provided by local authorities.

7 The Equality Act 2010 guidance provides information to be taken into account in determining questions relating to the definition of protected characteristics, including disability. Local authorities should address the needs a household has as a result of any impairment when carrying out their functions under the Public Sector Equality Duty. The duty applies to the ‘relevant protected characteristics’ – age, disability, gender reassignment, pregnancy and maternity, race, religion and belief, sex and sexual orientation – and, to a more limited extent, to the protected characteristic of marriage and civil partnership, to ensure the accommodation is suitable.

8 In rural areas, it may be difficult to meet accessible requirements in either the social or private sector, resulting in an offer of accommodation out with the local area, which conflicts with other standards relating to locality.

9 The Healthy, Safe and Secure section of Annex E in the SHQS Technical Guidance provides more information.

10 Under the Housing (Scotland) Act 1987, which is still in force, a room is available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom or as a living room. The Scottish Government published a Practice Guide on Social Housing Allocation in 2019, which provides information on the room standard.

11 Most temporary units tend to be one or two-bedroomed properties but, in some areas, the availability of larger properties can be a challenge. Nevertheless, HMO standards apply.

12 Except where the household is in shared tenancies, community hosting and rapid access accommodation. In most cases, toilet facilities in these types of accommodation will be shared with other tenants.

13 Laundry facilities should be safe, secure and available for use by parents and/or their children.

14 Scottish Housing Quality Standards and Tolerable Standards provide more information on cooking facilities.

15 Some social rented accommodation is unfurnished. Suitable and minimum furniture to be provided only where the accommodation is furnished.

16 Where possible, accounts should be held in the householder’s name for reasons of consumer protection and accessing discounts and benefits. Where households are not able to have the account in their name, the local authority should ensure they can access equivalent support as provided by the Warm Homes Discount.

17 No one should be excluded from temporary accommodation on the grounds of affordability; however, affordability means different things to different households. Single parent households, of which the majority are women, are the most likely household type to live in the social rented sector, and relative poverty after housing costs is highest for single mothers. Temporary accommodation also needs to be just as affordable for working households as it is for households claiming housing benefit.

18 For example, WiFi and digital devices (either the provision of these or signposting to where they are publicly accessible, such as libraries and locality offices). The provision of mobile top-ups could also be considered. Improvements to provide digitally isolated communities with access to fast, reliable broadband in 2025 should reduce challenges in delivering digital technologies in rural areas.

19 Measures in the Housing (Scotland) Bill, passed by Parliament on 30 September 2025, will allow a renter to make a request to keep a pet in their home and for that to not be unreasonably refused by their landlord. Each local authority will need to consider how people are supported to maintain relationships with their pets on a case-by-case basis and determine what is acceptable in terms of the type or number of pets.

20 The individual local authority should determine whether it would be appropriate for visitation taking into account all guidance including MAPPA.

21 Section 8.14 of the Code of Guidance on Homelessness provides examples of what some local authorities offer to help households.

22 In rural, less densely populated areas, there are additional challenges that households should be aware of as some temporary accommodation may not be in close proximity to supermarkets, schools, health services, etc, nor well served by public transport. Consideration needs to be given to any location access requirements based on disability and local authorities will make best efforts to appropriately accommodate households.

23 Within reason as different members of the household may work in different – and potentially geographically distant – locations.

24 It can be challenging for rural social landlords/local authorities to place households close to family and social networks due to the location of available properties. The risk assessment conducted as part of the housing support service and allocation process will inform the offers of accommodation made.

25 Research published by the Chartered Institute of Housing in 2022, Walking the Talk, sets out information on the definition of cultural adequacy in relation to housing and human rights.

26 Assessments can also take account of risks of prejudice-based abuse, such as racism, homophobia, transphobia, ageism, etc.

27 Equally Safe: A Delivery Plan for Scotland’s Strategy to prevent and eradicate violence against women and girls states domestic abuse competence should be incorporated in commissioned training resources for staff working in housing services to ensure an appropriate, safe and consistent response to people who have experienced gender-based violence.

28 The Scottish Social Housing Charter‘s outcome for what social landlords, by complying with equality legislation, should achieve for all tenants, regardless of their protected characteristics.

29 This can include referrals and support to engage with relevant support services for women and children as well as independent advice services, such as women’s aid and rape crisis. Women may also be involved in criminal and civil legal action and require signposting to legal advice and representation. In rural areas, households may have a greater distance to travel to access these support services.

30 The Housing Support Services (Homelessness) (Scotland) Regulations 2012 came into force on 1 June 2013. Regulation 2 prescribes four types of housing support services, which apply for the purposes of the 2010 duty.

31 In rural areas, accommodation options may be limited.

32 Domestic abuse trauma informed practice information.

33 Provisions in the Housing (Scotland) Bill, passed by Parliament on 30 September 2025, will put a duty on social landlords, including local authorities, to develop and implement and domestic abuse housing policy outlining support for their tenants experiencing domestic abuse.

34 In practice, it may not be possible to deliver regular visits in rural areas.

35 This includes meeting the needs of people with a sensory impairment: See Hear - gov.scot (www.gov.scot).

36 Shelter Scotland information on getting temporary accommodation from the council.

37 Housing Support Services guidance.

38 There may be delays in completing an assessment. This is particularly the case where a household member has additional support needs, which require a specialist assessment as this may not be immediately available to the local authority, and/or when the resource is managed out with the local authority.

39 A minimum agreed notice period to end an occupancy/tenancy agreement is required. The notice period can be flexible and based on individual circumstances, but it is suggested that in most cases this will be between seven and 28 days. Sufficient procedural safeguards should be in place to ensure that no one is at risk of rough sleeping if they are removed from their temporary homeless accommodation. Any decision to terminate an occupancy/tenancy agreement prematurely should be communicated in writing and give rise to a right to review that decision.

Further detail on occupancy/tenancy agreements is available in the Guidance on Standards for Temporary Accommodation, published by the Chartered Institute of Housing/Shelter Scotland. This guidance also provides information that covers the remaining bullet points under Management Services.

40 This can include advice and information on moving as well as financial support, where necessary.