Not paying rent
A common reason someone might be found intentionally homeless is failing to pay rent when the council believes they had the money to do so. If you had the means to pay but chose not to, or spent money meant for rent on other things, the council might argue that you effectively caused your own homelessness.
That said, not all cases of rent arrears result in someone being labelled intentionally homeless. If you lost your job and couldn’t afford the rent despite your best efforts, this should be treated differently. The council will investigate why you stopped paying and look into whether your financial situation was beyond your control.
Anti-social behaviour
Another situation that could lead to an intentionally homeless decision is being evicted because of anti-social behaviour. This might include loud, disruptive activities, harassment of neighbours, or causing damage to the property. If your landlord evicted you for reasons like these, the council might argue that your actions made it impossible for you to stay in your home.
Leaving a job with accommodation
If your job provided tied accommodation – such as a live-in role on a farm or in a care home – and you left that job voluntarily, you could be considered intentionally homeless. The council might reason that by choosing to leave your employment, you gave up your home without good reason.
Not claiming benefits to help pay your rent
If you’re at risk of homelessness because you couldn’t afford to pay rent, the council will expect you to have investigated any benefits you might be entitled to. If it turns out that you’re eligible for benefits like universal credit which could have paid towards your rent, but you didn’t apply for them, the local authority could consider you intentionally homeless. They’ll also look poorly on decisions to take on leases you knew you couldn’t afford, or a history of paying other bills before paying rent.
Refusing council housing
If you’re already in the process of getting housing support from your local authority and turn down an offer of a home – that might be a council or social house, or something more temporary like a B&B – the council could decide you’re intentionally homeless and withdraw some support.
Exceptions
While the intentionally homeless label can seem rigid, there are exceptions where the council won’t – or shouldn’t – penalise you for leaving a home. One of the most common exceptions is leaving to flee domestic abuse. If you left your home because you were unsafe, the council cannot find you intentionally homeless.
Similarly, if you lost your home because of factors beyond your control – that might mean your landlord sold the property, or your partner stopped paying the rent without your knowledge – the council shouldn’t hold this against you. The same applies to health issues that might have made it impossible for you to remain in the property, especially if your home wasn’t set up to accommodate a disability or severe medical condition, or if your illness made it difficult for you to pay rent.
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Serious financial hardship should also protect you from being declared intentionally homeless. If you can prove that you already sought debt advice but still can’t pay rent, or you’re not left with enough money to cover daily essentials once rent has come out of your bank account, the council should offer you full support.
Councils are required to investigate the circumstances of your homelessness, so it’s important to explain clearly what led to you losing your home and provide any supporting evidence you can.
What happens if you are intentionally homeless?
Being deemed intentionally homeless strips you of entitlement to certain types of housing support, and you won’t automatically have a right to the council’s help finding a permanent home. But this doesn’t mean the council should leave you completely without support.
In most cases the council still has to give you some sort of help – this usually means advice and, if you’re already homeless, temporary housing for an amount of time that will allow you to look for a new, secure home.
The local authority also shouldn’t leave you without somewhere to stay while they investigate your case, and should offer you temporary accommodation in the meantime.
How long does being considered intentionally homeless last?
Once you’re found intentionally homeless, it doesn’t necessarily mean you’ll carry that label forever. The decision relates to a specific housing application and the circumstances at the time.
If you are deemed intentionally homeless but still manage to find secure housing without council support, only to then face homelessness through no fault of your own, your application for support will be assessed based on your current circumstances and not previous reasons for being homeless.
It’s also worth noting that councils must carefully review their decisions. If new information comes to light or you believe the council didn’t fully consider your situation, you can ask for a review of their decision. But you only have 21 days to do this, so act fast after the local authority informs you of its decision – they should do so in a letter – and consider getting free, tailored support from organisations such as Shelter or Citizens Advice.
There are a number of UK charities offering help if you’re at risk of homelessness. And remember that there are several different types of homelessness – you don’t have to be sleeping rough to be considered homeless.
“With rents rocketing across the country and homelessness at an all-time high, more people than ever are coming to our emergency helpline who are homeless or on the verge of losing the roof over their heads,” said Andrea Deakin, head of telephone and online advice services at Shelter.
“Day in and day out, our dedicated team of advisers are hearing increasingly heartbreaking stories from desperate families in appalling living situations. From the family forced to fork out hundreds on getting their child to school after being uprooted to an emergency B&B miles from their community, to the young pregnant woman terrified of sleeping on the street after being made homeless.”
What to do if you are intentionally homeless but in priority need
Being intentionally homeless doesn’t necessarily mean the end of your housing options, especially if you’re in the group referred to as priority need. This category includes people who are especially vulnerable, such as families with dependent children, pregnant people or those with serious health problems.
In this scenario the local authority will still have a duty to find temporary accommodation for you that will give you time to find secure housing.
You should make sure you engage with the support available to you, though the level of support available will vary from council to council. Many local authorities offer housing advice services that can help you understand your options, negotiate with landlords or unlock extra support for finding private accommodation.
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