Intentional homelessness
Produced in partnership with Elizabeth England
Practice notesIntentional homelessness
Produced in partnership with Elizabeth England
Practice notesA 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
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