Intentional homelessness: what it means and how to challenge it

Ask the council for homelessness help, and it will look at whether you made yourself homeless on purpose. This is called "intentional homelessness". A finding against you shrinks the help the council must give. Here is what it means, what the council must show, and how to challenge a decision.

What is intentional homelessness?

Under section 191 of the Housing Act 1996, you are intentionally homeless if:

• You did something on purpose, or failed to do something, that cost you your home
• The home you lost was open to you, and staying there was reasonable

Both parts must hold. The act must have been on purpose. And the home left must have been one you could reasonably have kept.

What counts as making yourself intentionally homeless?

Situations a council may weigh:

• Leaving a home by choice without good reason
• Eviction for arrears after choosing not to pay rent you could afford
• Eviction for anti-social behaviour
• Giving up a tenancy without good reason

But many things that look "deliberate" get treated differently in practice:

• Leaving because of domestic abuse is never intentional homelessness
• Leaving because the home sat in serious disrepair may not be intentional
• Arrears born of real hardship, not choice, often escape the label

Can a council find me intentionally homeless if I was evicted?

Sometimes. An eviction the council pins on your own deliberate conduct, choosing not to pay rent you could afford say, may bring the finding. But the bar sits high, and your own circumstances matter.

What does the council have to show?

The council must look into your situation properly before deciding. Assuming you meant it is not allowed. It must weigh why the home was lost, your money and personal circumstances, and whether staying was reasonable.

How can I challenge the decision?

A review can be demanded within 21 days of the decision. Someone senior, with no part in the original call, must run it.

A failed review can go to the county court on a point of law. That is a bigger step, and legal advice belongs with it.

Get advice from Citizens Advice or a housing solicitor the moment the decision arrives. Never wait for the deadline to close in.

What help can I still get?

Even after a finding, the council must still give advice and help finding somewhere to live. With children in the household, their needs must also be weighed.

When should I contact Support for Tenants?

Did disrepair play a part in you having to leave? Call us. It may change how the council sees your situation.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Section 191, Housing Act 1996 (becoming homeless intentionally) (legislation.gov.uk)