Intentionally homeless

The council must look into your situation. This usually takes at least 8 weeks.

Most people can get some homeless help from the council.

The council checks:

• why you left your home

• if it was reasonable for you to stay there

• if you need emergency housing because of children or another priority need

Not everyone gets emergency housing.

The council must give you a letter if they decide you're intentionally homeless.

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You should get emergency housing if the council think you have a priority need.

For example, if:

• you have children living with you

• you are homeless because of domestic abuse

• you are vulnerable because of a disability or health condition

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You are not intentionally homeless if it is not reasonable for you to live in your home. For example, because of:

• domestic abuse from a partner, ex partner or family member

• threats of violence or racist harassment from neighbours

• serious health risks because of hazards in the property

Tell the council about any problems. They should check your home is safe.

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Your can only be intentionally homeless if you do something on purpose.

You should not be seen as intentionally homeless if your actions or behaviour were caused by:

• your age

• a disability or mental health condition

• drug or alcohol problems and you're now getting support or treatment

For example, if you did not pay your rent because you could not deal with money or other important things.

Show what you did to try and keep your home. For example, if you:

• applied for benefits

• accepted any support offers

You could ask your GP or a support worker for a letter to explain things to the council.

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The council should look into what led to you becoming homeless very carefully.

For example, they should check:

• what your emotional and mental wellbeing is like

• if you understood the consequences of your actions

• if you had enough support from social services when you left care

The council should speak to you and your personal adviser at social services.

If you were in care in another area, the homeless team should speak to social services there.

Tell the council if you found it hard in care or when you left care.

They should not say you are intentionally homeless if you did not get enough support.

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You might be evicted or asked to leave temporary housing if, for example, you:

• do not pay rent or service charges

• break hostel rules or tenancy conditions

• stay somewhere else and do not tell the council

• refuse to move to different temporary or longer term housing

If you were housed under the main housing duty, you can make another homeless application. But the council might decide you are intentionally homeless.

More about temporary housing after a homeless application.

If it was only emergency housing, the council should still look at why you are homeless. They should look at what made you homeless in the first place, not why you left the emergency housing. They will decide if they still have to help with with longer term housing.

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The council could decide you're intentionally homeless if you:

• do not pay the rent or mortgage when you could afford to

• pay other debts, like credit cards, instead of your rent or mortgage

• knew you could not afford your rent or mortgage when you moved in

The council should not say you're intentionally homeless if you could not pay because of:

• domestic abuse or financial abuse

• not having enough money for food or heating

• benefits delays or underpayments that are not in your control

• a disability, illness or mental health condition

Read our advice on:

• rent arrears

• missed mortgage payments

• where to get debt and money advice

• breathing space if you have debts

• benefits to help with rent

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Most private landlords use the 'no fault' section 21 notice to evict tenants.

You have a legal right to stay in your home until bailiffs evict you.

You might think it's not reasonable to stay that long.

But the council might find you intentionally homeless if you leave early.

This might feel unfair. For example, if you cannot afford to stay.

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The council could decide you are intentionally homeless if you're evicted.

They will check:

• if you behaved antisocially on purpose

• what steps you took to stop the behaviour and the eviction

• if your behaviour was caused by a disability or mental health problems

Find out how to avoid eviction from a council home for antisocial behaviour.

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The council could decide you're intentionally homeless if:

• you left a job that came with housing and did not make plans about where you would live

• you lost housing that came with your job because you did something wrong at work

More about being asked to leave housing that comes with your job.

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The council must tell you why they think you are intentionally homeless.

They must put their reasons in a decision letter and give it to you.

You have 3 weeks to ask for a review.

Use our letter template to ask for a review.

You might get free legal help with your review.

If the decision cannot be challenged, you might have to stay with family or friends.

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