This page explains what the law says about intentional homelessness, and how advisers can help young people who have been found, or are at risk of being found, intentionally homeless.

What the law says

What is intentional homelessness?

When a young person makes a homelessness application, the council can decide that they became intentionally homeless if they have deliberately done (or not done) something that caused them to lose their accommodation.

For example, where a young person has been evicted because they did not pay their rent, and the council believes the non-payment was deliberate, it may decide that the young person is intentionally homeless.

What should be taken into account when deciding if someone is intentionally homeless?

Several factors have to be taken into account when deciding if a young person is intentionally homeless.

• If it was not the young person who was responsible for the acts that led to the loss of housing, they can still be found to be intentionally homeless if they went along with those acts. For example, if the young person was evicted from a shared house due to another tenant's loud music that was causing a nuisance, the young person may still be found intentionally homeless if they did not try to stop the loud music.
• If the accommodation that was lost was not reasonable for the young person to continue to live in - due to disrepair, or abuse or violence, for example - they may not be intentionally homeless.
• If the acts that led to homelessness were not deliberate, the young person may not be intentionally homeless. This could be the case, for example, if the young person has mental health difficulties that led to behaviour that led to eviction.

What if the young person has been kicked out by their parents?

Young people are sometimes found to be intentionally homeless when they are evicted by their parents due to their behaviour.

In these situations councils should not discriminate against the young person and automatically take the parents' word for it. They should discuss the situation with the young person. It could be that the parents' rules were unreasonable or that there are other underlying problems that caused the homelessness.

What is the council's duty when a young person is intentionally homeless?

The council do not have to permanently re-house intentionally homeless young people. However, they should:

• (if the young person has a priority need) give accommodation for a reasonable period of time for them to find accommodation for themselves (usually a few weeks, but each case should be considered according to the young person's particular needs)
• assess their housing needs
• give them advice and assistance to help them to find their own accommodation
• (if they are 16 or 17 years old) refer them to social services, with their consent.

The law differs where the young person is threatened with homelessness (rather than actually homeless) intentionally; in this case, the council should give them advice and assistance to help prevent them from becoming homeless.

How can I help?

Seek specialist advice

The test for intentional homelessness is very complicated, so you should seek advice from a housing specialist if you are unsure about anything.

Advise on other accommodation options

Advise the young person about other accommodation options as soon as possible. You should do this even if you are trying to avert or challenge a decision, in case you are unsuccessful.

Try to avert an intentional homelessness decision

If you suspect the young person may be found intentionally homeless, write to the council explaining the reasons for the young person becoming homeless. You can do this when making an application, or - if the young person has already made an application - at some point before the decision is made. The council should take any information contained in your letter into account when making its decision. The standard homelessness application letter can be adapted for this purpose.

Challenge the decision

If the young person has already been found intentionally homeless, you can request a review of the decision. Remember you only have 21 days to request a review once a decision has been made. Please see the page on homelessness reviews for more information. Don't forget to gather and enclose any relevant evidence with your representations.

You can also ensure that the council is meeting its duty to intentional homeless people. You can write to the council requesting a reconsideration or review if you think that it has:

• not provided temporary accommodation for a reasonable period
• not conducted a housing needs assessment, or
• failed to give appropriate advice and assistance to the young person.