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Reapplying as homeless after an intentionally homeless decision

This content applies to England

Information on when an applicant reapplies as homeless after being found intentionally homeless .

An applicant is not prohibited from reapplying as homeless after a finding of intentionality. However, if no new facts are revealed in the application, or any new facts are of a trivial nature, the local authority can reject the application. Where the application does reveal substantive new facts, the authority have to make inquiries, secure interim accommodation, and issue a decision on the application in the normal way.[1]

Where an applicant applies to another authority the second local authority can consider what the first authority discovered in its investigations but it must form its own conclusions based upon its own inquiries.[2]

Applications made before 3 April 2018

The current Homelessness Code of Guidance was introduced on 3 April 2018 and the references on this page are to this Code. For applications made before this date, the recommendations of the 2006 Code of Guidance should apply.

[1] Rihka Begum v Tower Hamlets LBC [2005] EWCA Civ 340, CA; para 18.11 Homelessness Code of Guidance, MHCLG, Feb 2018.

[2] Eren v Haringey LBC [2007] EWCA Civ 409; para 18.9 Homelessness Code of Guidance, MHCLG, Feb 2018.

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