Has the council told you that you are intentionally homeless? This is one of the most serious decisions they can make about your housing. An intentionally
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Has the council told you that you are intentionally homeless? This is one of the most serious decisions they can make about your housing. An intentionally homeless finding means the council thinks you gave up a home you could have stayed in. If this finding stands, they do not have to house you. This page tells you what it means, when it applies, and how to challenge it.
What does intentionally homeless mean?
The Housing Act 1996 sets out what this means. You are intentionally homeless if you chose to give up or lose a home that was open to you, when it would have been reasonable to stay there.
To find you intentionally homeless, the council must show that:
- You did something, or failed to do something, on purpose, and this lost you your home
- The home you lost was available for you to live in
- It was reasonable for you to have carried on living there
Common situations where the council may use this finding
- You were evicted for rent arrears that you could have avoided paying
- You ended your own tenancy voluntarily
- You abandoned a property without giving proper notice
- You were evicted for anti-social behaviour
- You moved out of a home the council thinks it was reasonable to stay in
When intentionally homeless does NOT apply
The council cannot find you intentionally homeless if:
- You left because of domestic abuse or violence
- You could not fairly have stayed on. For example, the home was unfit, badly overcrowded, or a risk to health or safety.
- You were not the person who caused the homelessness. For example, you were a dependent child, or an innocent victim of your partner's actions.
- You left because your landlord failed to keep the property in repair and it was genuinely unfit to live in
The state of the property matters a lot here. If your old home was in serious disrepair and your landlord would not fix it, leaving may have been your only reasonable choice. This can knock down a finding of intentional homelessness.
How to challenge the decision
Step 1: Ask for a review
You have 21 days from getting the decision to ask for a review. This right comes from Section 202 of the Housing Act 1996. You must ask for it in writing. Do not let the deadline pass. If you miss it, it is much harder to challenge the decision.
In your review request, explain:
- Why you believe the decision is wrong
- What was happening when you left or lost the home
- Any evidence you have (letters from your former landlord, medical evidence, evidence of the property's condition)
Step 2: Gather evidence
The stronger your evidence, the better your chance of turning the decision around. Think about:
- Photographs of the previous property if it was in disrepair
- Correspondence with your former landlord about the state of the property
- Medical evidence if you or a family member was made ill by the conditions
- Evidence of domestic abuse if relevant (police records, refuge records, letters from your doctor)
- Evidence that you could not afford to stay (Universal Credit delays, benefit problems)
Step 3: Get advice
Housing law is hard to follow on your own. Citizens Advice, Shelter's helpline, or a housing solicitor can help you prepare what you send for the review. If you are in priority need, for example you have children, getting the review right matters a great deal.
Step 4: Appeal to the county court
What if your review does not go your way? You then have a further right to appeal to the county court on a point of law. You must do this within 21 days of the review decision. This route is harder and usually needs a lawyer to act for you.
What happens while you wait?
Do you have dependent children, or are you in priority need another way? If so, the council may have a duty to give you somewhere to stay (interim accommodation) while you wait for the review. Ask about this clearly when you send in your review request.
Intentional homelessness and disrepair
Did you leave your old home because of serious disrepair, damp and mould, no heating, or structural problems your landlord would not fix? That goes straight to whether it was reasonable to stay. A home that is unfit to live in is, by its very nature, not one it would be reasonable to stay in.
So if you have evidence of disrepair and you were found intentionally homeless after leaving, two things may be worth doing. You could ask for a homelessness review. You could also make a disrepair claim against your former landlord.
When should I contact Support for Tenants?
If the home you left was in serious disrepair, we check whether you may have a claim against your former landlord and refer suitable matters to an SRA-regulated panel solicitor. 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)
- Section 202, Housing Act 1996 (right to review) (legislation.gov.uk)
Related articles
- Challenging a Section 184 homeless decision
- Homeless or being evicted, what to do
- Priority need, what counts?
- Housing help and domestic abuse
- Can I claim disrepair after I have moved out?
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 15 June 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only, not a promise; every case is different.
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