Intentional homelessness

Copyright © 2025 LexisNexis
Produced in partnership with Elizabeth England
Practice notes

Intentional homelessness

Copyright © 2025 LexisNexis

Produced in partnership with Elizabeth England

Practice notes

A local housing authority (LHA) may in certain circumstances have a duty to provide accommodation for homeless applicants. One of the key criteria in determining the extent of the duty owed to the applicant is to establish whether the applicant’s homelessness is intentional. This Practice Note explains the relevant factors, including whether the homelessness was caused by a deliberate act or omission on the applicant’s part, that must be considered when making this assessment.

The definition

The concept of intentional homelessness is one of the statutory tests applicable in homelessness cases under Part 7 of the Housing Act 1996 (HA 1996) (and the Housing (Wales) Act 2014 (H(W)A 2014)) which will determine which duties might apply to a homeless applicant. It concerns deliberate acts or omissions on the part of an applicant which result in the loss of accommodation. It is focused on whether the operative act or omission can be said to be deliberate rather than whether the applicant deliberately made themselves homeless. In England, the main housing duty under HA 1996, s 193 will only apply if the LHA is satisfied

Elizabeth England
Elizabeth England

Employed as a housing case worker in 2015 at award winning legal aid practice Turpin & Miller Solicitors in Oxford, trained and later became head of the housing team. After a series of high-profile cases, she moved to north-west specialist housing firm Pearson & Johnson Solicitors advising and representing local authorities and registered social landlords. Whilst there she obtained Higher Rights and conducted advocacy on behalf of the firm in the range of housing law issues. In 2014 was invited to join London chambers 42 Bedford Row to work with a specialist housing law team. Now represents a range of clients from inner-London borough councils to private clients in the full spectrum of housing law. Elizabeth provides regular training to the London Borough Legal Association. Recent cases include

    Obtaining and enforcing possession orders for landlords
    Defending possession claims for tenants
    Dealing with Human Rights defences
    Dealing with Equality Act defences
    Dealing with unlawful occupiers and squatters
    Unlwaful eviction and harassment
    Disrepair, nuisance and statutory nuisance
    Homelessness reviews and appeals in County Court
    Injunctions to prevent anti-social behaviour and other orders available under he ASB Crime and Policing Act 2014 including committal applications
    Service charge claims
    Leasehold management issues

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Priority definition
What does Priority mean?

The ranking of security interests ie the order in which each of the secured creditors can claim on the secured property in an enforcement or insolvency scenario. A deed of priority or intercreditor deed can vary the priority a security interest enjoys by virtue of general law.

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