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Legal issues in intentional homelessness decisions

This content applies to England

How a local authority should investigate whether or not a homeless applicant is intentionally homeless.

This section gives detailed information about each part of the definition of intentional homelessness.

A deliberate act or omission

How a local authority can decide if a homelessness applicant is intentionally homeless due to a deliberate act or omission. 


When an applicant may be found intentionally homeless because they acquiesced in the deliberate act or omission of another person. 

Acting in good faith

Why an act or omission in good faith by someone who was unaware of any relevant fact cannot be treated as deliberate. 


The causal link between a deliberate act or omission and the loss of accommodation which must exist for a decision of intentional homelesness. 

Ceasing to occupy accommodation

An applicant must have ceased to occupy accommodation for a council to decide they are intentionally homeless . 

Available for occupation

About the conditions that need to be met for accommodation to be available for an applicant's occupation. 

Reasonable to continue to occupy: intentional homelessness

Information on when accommodation is reasonable to continue to occupy. 


A brief discussion of collusion and the effect it will have on an homelessness application. 

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