If you're a tenant facing homelessness in Wales, understanding intentional homelessness rules can affect whether your local council must provide long-term housing. This guide explains, in plain language, what 'intentional homelessness' means, how councils decide it, your rights during interviews and appeals, and the practical forms and steps tenants use after eviction. It covers what evidence to collect, how to ask for a review, and where to find official help so you can act quickly. Use this information to prepare for meetings with your local authority, respond to notices, and find the right forms and tribunal routes if you disagree with a decision.
Understanding intentional homelessness in Wales
Local authorities assess whether someone became homeless intentionally when they deliberately did or failed to do something that caused them to lose their settled home. The legal tests used in England and Wales originate from long-standing housing statutes such as the Housing Act 1988 and the Rent Act 1977 [1][2]. A council will consider the facts of each case, including whether a tenant deliberately avoided paying rent, deliberately ended a tenancy, or acted in a way that made the home uninhabitable.
- Provide a homelessness application or written statement to your council and attend any interviews.
- Give evidence such as the tenancy agreement, rent receipts, letters, photos or messages that explain what happened.
- Explain any rent arrears with dates and receipts if payments were missed or disputed.
- Keep to appointments and respond within any deadlines the council sets for information or review requests.
How councils decide and what it means for you
Councils must investigate and make a reasonable decision. If they find you became homeless intentionally, they may only have a limited duty to help, such as temporary advice or short-term accommodation rather than a full housing duty. If you disagree with the decision you can ask the council for an internal review and, in some cases, appeal to the First-tier Tribunal (Property Chamber) for England and Wales.
Practical examples
Example: If a tenant fell behind on rent because of a payment error and provided bank statements and messages showing attempts to pay, the council may decide the homelessness was not intentional. By contrast, if a tenant deliberately stopped paying rent without a reason and later left, the council could decide the homelessness was intentional.
What to do if you are found intentionally homeless
- Ask for a written review from the council within any deadline they give and keep a copy of your request.
- Submit or resubmit a homelessness application if new evidence becomes available [3].
- If the review upholds the decision, consider appealing to the First-tier Tribunal (Property Chamber) or ask for legal advice about next steps First-tier Tribunal (Property Chamber)[4].
FAQ
- What does "intentional homelessness" mean?
- It means the council believes you became homeless because you deliberately did or failed to do something that led to loss of your home; the council will consider the full circumstances before deciding.
- Can a council refuse to house me if I am found intentionally homeless?
- Yes. If a council decides homelessness was intentional it may limit the help it gives, though it must still provide some advice and short-term assistance; you can request a review.
- How do I challenge an intentionality decision?
- Ask for an internal review, gather supporting documents, and if needed appeal to the First-tier Tribunal (Property Chamber) or seek legal help.
How-To
- Contact your local housing department to request homelessness assistance and complete the council's homelessness application form.
- Collect evidence: tenancy agreement, bank statements, receipts, photos and any messages relevant to the loss of your home.
- Submit a written request for an internal review if the council decides you are intentionally homeless and keep proof of submission.
- If the review is unsuccessful, lodge an appeal or application to the First-tier Tribunal (Property Chamber) and include the evidence and timeline.
Help and Support / Resources
- GOV.WALES: Homelessness in Wales
- GOV.UK: Apply for homelessness assistance
- First-tier Tribunal (Property Chamber)
