Intentional Homelessness: How Councils Decide in England

What intentional homelessness means

Councils decide someone is "intentionally homeless" when they find the person deliberately did, or failed to do, something that caused them to lose their home. Local housing officers apply legal rules and policy when they assess your situation; relevant national law includes the Housing Act 1988^[1] and the Rent Act 1977^[2].

How councils decide

Officers look at what happened before the loss of your home, whether you could reasonably have avoided it, and whether any steps you or the council took could have prevented homelessness. A careful, documented account of events is important when you speak to housing options staff.

• Evidence of events and communications, such as emails, tenancy agreements and dated letters.
• Records of payments: rent, deposits, benefit payments and any arrears or repayment plans.
• Issues about repairs or safety that affected your ability to stay in the property.
• Notices and formal documents like eviction notices or court claim papers.
• Contacts with support services, mediators or the council homelessness team.

Evidence to collect

Gather documents that show what happened and when. Photographs, text messages, bank statements and dated letters can all help show the council whether the loss of your home was avoidable.

• Tenancy agreement and any variations or written notices.
• Bank statements, rent receipts and benefit award letters.
• Eviction or possession notices and court documents.
• Records of calls or emails with the landlord, agent or council.

Asking for a review and next steps

If the council decides you are intentionally homeless you can ask them to review that decision. The GOV.UK page on asking a council to review a homelessness decision explains the process and practical templates to help you ask for a review; start there and follow your council's local form and timescales.

If you remain unhappy after the review you can appeal to the First-tier Tribunal (Property Chamber), which handles many residential tenancy and homelessness disputes in England and Wales^[3].

Practical action steps

1. Contact your council housing options as soon as you become homeless or at risk to make a homelessness application.
2. Collect and organise evidence: tenancy agreement, rent records, notices and communications.
3. If the council issues an intentional homelessness decision, ask for an internal review in writing and include your evidence.
4. Contact local advice services or a housing solicitor for help preparing for a review or tribunal appeal.
5. If the review upholds the decision, consider an appeal to the First-tier Tribunal and follow the tribunal guidance for filing.

FAQ

What does "intentional homelessness" mean?

It means the council believes the person deliberately caused their homelessness or failed to take reasonable steps to avoid it; the council must explain the reasons in writing.

How long do I have to ask for a review?

Contact the council as soon as possible; councils publish their review timescales but acting quickly improves your chances of temporary help while the review runs.

Can I get temporary accommodation while I challenge the decision?

Sometimes councils provide temporary accommodation while they consider a review or appeal; it depends on immediate need and local policy.

How-To

1. Read the council decision and note any deadlines for review or appeal.
2. Request an internal review in writing, set out your reasons, and attach your evidence.
3. Keep copies and follow up with the housing options team to confirm receipt.
4. If the review is unsuccessful, get advice and prepare to file an appeal with the First-tier Tribunal.
5. Attend any hearings or provide written submissions as the tribunal asks, and keep clear records of what you present.

Key Takeaways

• Document dates, communications and payments to show what happened and when.
• Act quickly: request a review promptly and meet any time limits.
• Seek independent advice early to prepare evidence and understand options.

Help and Support / Resources

• Ask for a review of a homelessness decision - GOV.UK
• First-tier Tribunal (Property Chamber) - GOV.UK
• Housing Act 1988 - legislation.gov.uk
• Rent Act 1977 - legislation.gov.uk

1. [1] Housing Act 1988 - legislation.gov.uk
2. [2] Rent Act 1977 - legislation.gov.uk
3. [3] First-tier Tribunal (Property Chamber) - GOV.UK