If the council has told you that you are intentionally homeless, this is one of the most serious decisions they can make about your housing application. An
On this page
If the council has told you that you are intentionally homeless, this is one of the most serious decisions they can make about your housing application. An intentionally homeless finding means the council believes you gave up suitable accommodation that you could have stayed in. If this finding stands, they have no duty to house you. You will find out what it means, when it applies, and how to challenge it.
What does intentionally homeless mean?
Under the Housing Act 1996, a person is intentionally homeless if they deliberately gave up or lost accommodation that was available to them and that it would have been reasonable to continue to occupy.
For the council to find you intentionally homeless, they must show that:
- You deliberately did something (or failed to do something) that caused the loss of accommodation
- The accommodation you lost was available for you to occupy
- It was reasonable for you to have continued to occupy it
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 accommodation that the council considers was reasonable for you 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 reasonably have continued to stay (for example, the accommodation was unfit, seriously overcrowded, or presented 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 condition of the property is particularly important: if your previous home was in serious disrepair and your landlord refused to fix it, leaving may have been the only reasonable choice. This can undermine a finding of intentional homelessness.
How to challenge the decision
Step 1: Ask for a review
You have 21 days from receiving the decision to request a review under Section 202 of the Housing Act 1996. You must request this in writing. Do not let the deadline pass, if you miss it, your ability to challenge is much more limited.
In your review request, explain:
- Why you believe the decision is wrong
- What the circumstances were when you left or lost the accommodation
- 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 overturning the decision. Consider:
- 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 complex. Citizens Advice, Shelter's helpline, or a housing solicitor can help you prepare your review submissions. If you are in priority need (for example, you have children), getting the review right matters enormously.
Step 4: Appeal to the county court
If your review is unsuccessful, you have a further right to appeal to the county court on a point of law within 21 days of the review decision. This route is more complex and usually requires legal representation.
What happens while you wait?
If you have dependent children or are otherwise in priority need, the council may have a duty to provide interim accommodation while the review is pending. Ask about this explicitly when you submit your review request.
Intentional homelessness and disrepair
If you left your previous home because it had serious disrepair, damp and mould, no heating, structural problems, and your landlord refused to fix it, this is directly relevant to whether it was reasonable to continue to occupy the property. A property that is unfit to live in is, by definition, one that it would not be reasonable to continue to occupy.
If you have evidence of disrepair and you were found intentionally homeless after leaving, both a homelessness review and a disrepair claim against your former landlord may be worth pursuing.
When should I contact Support for Tenants?
If the home you left was in serious disrepair, we can help you make a claim against your former landlord. 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 and not guaranteed; every case is different.
Related guides
Homeless or being evicted? What to do, step by step
If you are homeless or about to lose your home, your council may have a legal duty to help. Here is what the law says, what to do today, and the free services that can help you.
Read
Temporary accommodation: your rights, in plain English
If your council has put you in temporary accommodation, it has to be suitable. Families with children should not be in a B&B for more than 6 weeks. Here is what your rights are and who to ask for help.
Read
Overcrowding: your rights and what you can do
If your home is too small for your family, the law may class it as overcrowded. Here is what counts as overcrowding, what it means for a council move, and where to get help.
Read
Still stuck?
Call us free or start a claim online. We'll tell you honestly whether you have a case worth pursuing.