What does intentionally homeless mean?
When you leave your marriage and find yourself without a place to live, you may need to ask your local council for housing help. One of the first things the council will look at is whether you made yourself intentionally homeless.
This matters because if the council decides you are intentionally homeless, their duty to help you find settled housing is limited. You may still get some short term assistance, but the full range of support will not be available to you.
The council cannot simply assume you caused your own homelessness. They must carry out their own enquiries and gather evidence before reaching any decision. That said, you will need to provide information and explain your circumstances as part of this process.
The four part test for intentional homelessness
To be considered intentionally homeless by the council, all four of the following conditions must apply to you:
- You did something deliberate, or you deliberately failed to do something
- That act or failure to act caused you to leave your home
- If you had not done this, or had not failed to act, you could have stayed in your home
- It would have been reasonable for you to continue living in that home
All four parts must be met. If even one element is missing, the council should not class you as intentionally homeless.
This is a legal test, and councils are expected to apply it properly. If you disagree with their decision, you have the right to request a review within 21 days of receiving it.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
What counts as a deliberate act or omission?
A deliberate act might include not paying your rent or mortgage when you had the money to do so. It could also mean being evicted because of antisocial behaviour, or walking away from accommodation that you could have remained in.
However, the council must look at the full picture. If you fell behind on rent because you lost your job unexpectedly, or because of a sudden illness, this may not count as deliberate. If you left a home because of domestic abuse or serious threats to your safety, this should not be treated as making yourself intentionally homeless.
The question of whether it was reasonable for you to stay is also considered. A property that is technically available to you may still be unreasonable to live in if there is violence, harassment, or serious disrepair that affects your health.
The council should consider your personal circumstances, including any vulnerabilities, mental health conditions, or other factors that affected your decisions at the time. However, outcomes vary and councils have considerable discretion in how they assess these situations.
What happens if the council finds you intentionally homeless?
If the council decides you are intentionally homeless, they must still offer you advice and assistance to help you find somewhere to live. Families with children and vulnerable adults may be provided with temporary accommodation for a short period to give them time to make other arrangements.
You will usually receive a written decision explaining why they reached this conclusion. If you believe the decision is wrong, you can ask for a review. It helps to get advice before doing this, as the review is your main opportunity to challenge the decision.
Shelter, Citizens Advice, and local housing advice services can help you understand your options and prepare for a review if needed. Local charities and homelessness prevention services may also offer additional support. Legal aid may be available for housing cases, though it is limited and subject to means testing, so not everyone will qualify.
If you are at risk of homelessness or have already lost your home, contact your local council's housing options team as soon as possible. The earlier you seek help, the more options may be available to you.
For official guidance on homelessness and your rights, visit GOV.UK or speak to a housing adviser who can explain how the rules apply to your specific situation.
This has left me in a position where I feel my leaving in my best interests to give me some semblance of a.live but also in the interests of my 4 children and 2 step children, 6 in total, who are now being impacted by the relationship with my wife.
I have no money or access to my full time wage, no other bank account and no friends or family that I can ask for any firm of help, accommodation or financial.
What are my options to end this cycle and try to start again and get some roof over my head and access to my children who I cannot lose?
Thank you D
Or would they sayno intentionally made my self homeless.i cant privately rent due to bad credit and I've no guarante.
him from renting to me is his present jealous girlfriend. Im just wondering if I actually have any rights to this home and who its rented to ..or any other rights i may not be aware of .thank you
We are renting off a local housing association and I pay all the bills.
Our marriage has been rocky for quite some time now and I think it is time now to say goodbye.
I am not prepared to go at this time due to money but I am now in this situation.
I don't feel comfortable putting my burdon on my friends I.e to stay round theirs.
My question is.
What can I do next and where could I stay temporally for now?
Have you contacted your brothers?
If I walk out I would be on the streets then I would most probably lose my job then I would be homeless I have told my partner loads of times how I feel but she just ignores me.
She lets her 17 year old daughter talk to me like I'm a piece of dirt.And her daughter is bone lazy doesnt lift a finger to help.
I have had enough I really wish I had stayed living on my own.
I moved in with my partner about 4 years ago, the house is in her only and she is the tenant Aspire Housing said I could move in with her but never put me on the tenancy.
I have decided that living with my partner as not really worked out she is lazy and basically lives off my wages as she dont work and nobody will give her a job. When we were courting things were good but since we have been living together she has changed. I want to go back living on my own but I have nowhere to go I have no money as my partner uses my wages to pay all the bills. I am scared I dont want end up on the streets and I dont know what to do.
Where can I obtain help...
what can be done
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