A person is homeless if he has no available accommodation in the United Kingdom or elsewhere which:
The person is entitled to occupy as a result of an interest or a court order or
The person has a licence to occupy or
The person occupies as a result of a rule of law or statutory provision and
The person is unable to secure entry to the accommodation or
It is unreasonable for the person to occupy the accommodation for example in cases of domestic violence
Who is intentionally homeless?
A person is intentionally homeless if he deliberately does something or fails to do anything in consequence of which he no longer occupies an accommodation which is available for his occupation and which would have been reasonable for him to occupy.
A person shall be treated as becoming intentionally homeless if he enters into an arrangement under which he is required to cease to occupy an accommodation which would have been reasonable for him to occupy where the purpose of such an arrangement was to obtain assistance under the Housing Act 1996 and there is no other reason why he is homeless.
In determining whether or not a person’s conduct has rendered him homeless, it has to be decided whether or not the consequence of the conduct could reasonably be regarded as being that the person would cease to occupy his accommodation. (Stuart v Lambeth London Borough Council 2002)
A person is not deemed to be intentionally homeless if he does the act or omission in good faith and was unaware of any relevant fact.
Acts or omission that are not deliberate
An act or omission which led to the loss of accommodation was not that of the applicant (person who applies for accommodation or assistance in obtaining accommodation from the local housing authority)
An applicant’s misunderstanding about a family’s entitlement to re-housing
An applicant who has lost his home as a result of rent or mortgage arrears which was as a result of genuine financial difficulties, illness or unemployment
For more information on:
- Role of local authority where person is intentionally homeless
- Priority Need
- No Priority Need
- Challenging a Local Housing Authority’s decision