Are you Homeless?

The first issue the law says must be looked at when you make a homelessness application is whether you actually are homeless. According to the law, you are homeless if you are in any of these situations:

  • You have no accommodation which you have a legal right to stay in (for example, your are not a tenant or do not own your own home)
  • You have somewhere to stay, but it is not reasonable to stay there because you are being threatened with violence (for example by neighbours, a partner or former partner or other family member)
  • You have somewhere to stay, but it is not reasonable to stay there because of overcrowding and this overcrowding poses a threat to your health
  • You have somewhere to stay, but it is not reasonable for you to continue to stay there (for example, it is below tolerable standard, or poses a serious threat to your mental or physical health)
  • You have been staying with family or friends, and they have asked you to leave
  • You have somewhere to stay, but you do not have permission from the owner to stay there
  • You have the legal right to occupy a property, but you cannot gain entry to it (for example you have been unlawfully evicted)
  • You travel and usually live in a mobile home (for example a caravan or boat) but there is nowhere for you to put it

You are also considered homeless and have the same rights as a homeless person if you are likely to be in any of the above circumstances within the next 56 days.

When deciding whether you are homeless, Glasgow City Council need to make sure your circumstances are the same as one of the circumstances above. If they decide you are not homeless and you do not agree with this decision, then you are entitled to

  • be told the reasons for their decision
  • a review of the decision.

You are entitled to advice and assistance and temporary accommodation while a review is being carried out.