Intentional homelessness: what it means and how to challenge it

If you approach your local council for help with homelessness, one of the things they will consider is whether you made yourself homeless deliberately. This is called "intentional homelessness." A finding of intentional homelessness can significantly limit the help the council must give you. Here we look at 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 deliberately did (or failed to do) something that caused you to lose your accommodation
• The accommodation you lost was available to you and it was reasonable for you to continue occupying it

Both elements must be present. The act or omission must have been deliberate, and the accommodation you left must have been something you could reasonably have stayed in.

What counts as making yourself intentionally homeless?

Common situations the council may consider include:

• Leaving accommodation voluntarily without a good reason
• Being evicted for rent arrears that were the result of a deliberate decision not to pay rent (when you had the money to do so)
• Being evicted for anti-social behaviour
• Surrendering a tenancy without an adequate reason

However, many situations that look like "deliberate" action are not treated that way in practice. For example:

• Leaving because of domestic abuse is never intentional homelessness
• Leaving because the property was in serious disrepair may not be intentional
• Being evicted because of rent arrears caused by financial hardship (not deliberate non-payment) is often not treated as intentional

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

Yes, in some cases. If the council concludes that the eviction was the result of your deliberate conduct, such as genuine, deliberate non-payment of rent you could afford, they may find intentional homelessness. However, the threshold is high and individual circumstances matter.

What does the council have to show?

The council must make a proper inquiry into your circumstances before reaching a decision. They cannot simply assume intent, they must look at your reasons for losing the accommodation, your financial and personal circumstances, and whether the accommodation was reasonable for you to continue occupying.

How can I challenge a finding of intentional homelessness?

You have a statutory right to ask for a review of the decision within 21 days of receiving it. The review must be carried out by someone senior who was not involved in the original decision.

If the review is unsuccessful, you can appeal to the County Court on a point of law. This is a more complex step and legal advice is recommended.

You can also seek advice from Citizens Advice or a housing solicitor immediately on receiving the decision, do not wait until the review deadline has passed.

What help can I still get if found intentionally homeless?

Even if the council finds you intentionally homeless, they still have a duty to provide advice and assistance to help you find accommodation. If you have dependent children, the council must also ensure the children's needs are considered.

When should I contact Support for Tenants?

If your home is in disrepair and that disrepair contributed to you needing to leave, call us. This may affect how the council views 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)