Intentionally homeless is a legal term. It means you're homeless because of something you did. If a council determines that you are ………..
Intentional Homelessness
Intentionally homeless is a legal term. It means you're homeless because of something you did. If a council determines that you are intentionally homeless, it can have significant consequences, particularly in terms of your eligibility for housing assistance or support. You usually won't get longer-term housing if the council thinks you made yourself homeless. This includes if you:
left a home you could have stayed in;
didn't make rent or mortgage payments you could afford;
made arrangements with someone to become homeless - for example, getting family to evict you when you didn't have to move out.
Here’s a breakdown of what happens if they find you intentionally homeless:
1. You may be ineligible for immediate housing assistance:
Most councils are obligated to provide housing or accommodation to people who are homeless.
However, if you are found to be intentionally homeless, they may decide that they do not have to provide you with emergency housing or offer permanent accommodation right away.
2. They will assess the situation:
Intentional homelessness generally means that you made decisions or took actions that led directly to your homelessness. For example, voluntarily leaving a stable home, being evicted due to your own actions (e.g., anti-social behaviour or not paying rent), or rejecting reasonable offers of housing may be seen as intentional.
Local authorities typically conduct a homelessness assessment to determine whether your situation is indeed intentional. This might involve interviews and gathering details about why you became homeless – financial information is particularly important here.
3. You may be given temporary accommodation in some cases:
Even if you are considered intentionally homeless, some councils may still provide temporary accommodation in certain situations, particularly if there is no other safe place for you to stay. In some cases, that involve children, social services will be contacted, and they will take on the responsibility for housing. However, this is likely to only be emergency housing.
In these cases, temporary housing may be provided while you work on securing long-term housing, but you might not have the same level of priority as someone who is considered unintentionally homeless, and the accommodation is likely to be time limited.
4. You could be offered limited help to find housing:
Councils may still offer support in terms of helping you find alternative housing or access housing options, but they are not legally required to offer the same level of priority or assistance as someone who is homeless through no fault of their own.
You might be referred to private landlords.
5. You may lose priority for certain benefits:
If the council finds you intentionally homeless, your chances of receiving certain types of financial assistance may be affected.
Your priority on waiting lists for social housing might be lowered, or you may be placed at the bottom of the list, which could mean you have to wait longer to secure housing.
6. You could be asked to leave temporary housing:
If you were given temporary accommodation, you might be asked to leave once the council determines that you are intentionally homeless and not entitled to ongoing support.
7. Appealing the Decision:
It can be complex to challenge a decision that you've made yourself intentionally homeless - contact your nearest Citizens Advice for help. An adviser can help you to put forward your case against the council’s decision. They might also be able to help you get evidence to explain why you had to leave your home.
If you disagree with the council's assessment and feel that your homelessness was not intentional, you have the right to a review of that decision.
It’s important to gather evidence to support your case and explain the circumstances that led to your homelessness. You may want to seek advice from a housing adviser, solicitor, or Citizens Advice, to assist with challenging the decision.
You shouldn’t be treated as being intentionally homeless if the act or failure to act was done in good faith while you were unaware of a relevant fact. An act in good faith could include:
leaving a privately rented home after getting a valid notice without realising you could stay in the property until their landlord got a possession order
accruing rent arrears because you didn’t know you could claim housing benefit or other benefits
selling or giving up your home when facing possession action before the mortgage lender recovered possession
If you have rent or mortgage arrears the council must look at why you built up arrears. For example, if your home was unaffordable, the council must consider:
your income - by looking at your salary and benefits, including maintenance payments from an ex-partner
all the costs of the accommodation
other reasonable living expenses - for example, bills and food
8. Potential Long-Term Consequences:
Being found intentionally homeless can make it more difficult to access housing in the future. Many councils have strict guidelines on who is eligible for housing assistance, and a history of intentional homelessness could influence future decisions.
9. How to Avoid Being Found Intentionally Homeless:
Be proactive: If you're at risk of losing your home or have any housing issues, contact your council or housing provider early to discuss your situation. Many councils offer preventative services to help people avoid homelessness.
Seek advice: If you're unsure about your rights or the process, consider contacting Citizens Advice, which can help you navigate the system and provide legal advice.
Communicate: If there’s a chance you might lose your home, it's crucial to be clear about your circumstances with your landlord, family, or the council to avoid being seen as intentionally homeless due to avoidable decisions.
Plan: Rent is one of your most important monthly payments as a “priority debt”. You should always prioritise your rent. The council should not say you're intentionally homeless if you could not pay because of:
domestic abuse or financial abuse
not having enough money for food or heating
benefits delays or underpayments that are not in your control
a disability, illness, or mental health condition
If you need further advice on homelessness or debt please contact Citizens Advice Harlow.