Intentional homelessness
Produced in partnership with Elizabeth England, Barrister of Five Paper
Intentional homelessness

The following Local Government practice note produced in partnership with Elizabeth England, Barrister of Five Paper provides comprehensive and up to date legal information covering:

  • Intentional homelessness
  • The prevention and relief duties and intentional homelessness
  • LHA duty to provide homeless accommodation
  • Intentionality
  • The six questions
  • Deliberate act or omission and the ‘good faith’ defence
  • Deliberate act or omission
  • Was that a deliberate act or omission by the applicant?
  • Was it as a consequence of that deliberate act or omission that the applicant ceased to occupy their last settled accommodation?
  • Was the deliberate act or omission the operative cause of the person’s homelessness?
  • More...

Coronavirus (COVID-19): The Ministry of Housing, Communities & Local Government, in collaboration with Public Health England, has produced non-statutory guidance to support landlords with allocating social homes. The guidance contains information on how local authorities and housing associations consider using existing homes that become available during the coronavirus (COVID-19) crisis. The government makes clear that allocation by local housing authorities continues to be governed by Part 6 of the Housing Act 1996 and authorities must have regard to statutory guidance. See further: Coronavirus (COVID-19)—social housing tracker — Government guidance and LNB News 28/04/2020 53.

The prevention and relief duties and intentional homelessness

The prevention and relief duties owed to applicants who are eligible for assistance and homeless, or threatened with homelessness, apply irrespective of whether or not they may be considered to be homeless intentionally.

During the relief stage, where an applicant does not have a priority need or they have a priority need and have become homeless intentionally, the authority may want to consider continuing the relief duty for longer.

Where the applicant has become homeless intentionally from any accommodation that has been made available to them as a result of reasonable steps taken by the local housing authority (LHA) during the prevention or relief duty, whichever is relevant (see sections 195(8)(e) and 189B(7)(d) of the Housing Act 1996 (HA 1996)), the prevention duty ends. The applicant’s entitlement

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