Intentional Homelessness

What intentional homelessness means, how to avoid being found intentionally homeless, and how to challenge a decision.

Relevant for:

At Risk

Currently Homeless

Important Warnings

Never leave your home without getting advice from the council first, or you risk being found intentionally homeless.
If you have rent arrears, talk to the council and your landlord before being evicted. Failing to engage can count against you.
Do not accept an intentional homelessness decision without challenging it. Many decisions are wrong and can be overturned.

You can be found "intentionally homeless" if the council thinks you deliberately did something that caused you to lose your home, such as not paying rent when you could afford to, or leaving accommodation that was reasonable for you to stay in.
If you are found intentionally homeless and in priority need, the council will give you temporary accommodation for a "reasonable period" (usually 28 days) to give you time to find somewhere else. They do not have the full housing duty to you.
The council must prove you acted intentionally. If you left because of domestic abuse, rent arrears due to benefit problems, or other reasons outside your control, you should not be found intentionally homeless.
You can challenge an intentional homelessness decision by requesting a review within 21 days.

The council must give you a written decision explaining why they think you are intentionally homeless.
You have the right to a review of the decision. The review will be done by a different officer.
You can provide new evidence during the review to show your homelessness was not intentional.
If the review upholds the decision, you can appeal to the county court, but you need legal advice for this.