Acquiescence resulting in intentional homelessness

The Housing Act 1996 refers to the homeless applicant as an individual so the deliberate act or omission must be that of the applicant and not that of any other people who might reasonably be expected to reside with them.[1]

A person may be found intentionally homeless if they are held to have accepted or taken part in the act or omission of another person that led to the loss of accommodation that was available and reasonable to occupy. This is referred to in the Code of Guidance as acquiescence.[2]

Where the local authority is not satisfied that a person acquiesced in the behaviour that led to the loss of accommodation they may be found not to be intentionally homeless.[3] As each adult member of the household can apply in their own right it may therefore be possible to avoid a finding of intentional homelessness.[4]

Where there is no evidence to the contrary, the court has held that an authority is entitled to assume that a spouse, civil partner or cohabitant acquiesced in their partner's decision.[5] The court has found that in a number of situations a partner has acquiesced.[6] The test appears to be not only whether the person knew of the action or omission, but also whether they were in a position to affect the outcome and whether they took the necessary steps to do so. For example, being aware of rent arrears does not necessarily mean acquiescence if the partner is unable to clear the arrears.[7] Local authorities should also consider whether a person had only acquiesced in behaviour because they were in fear of actual or probable violence.[8]

The court has also held that the wife of an alcoholic who had made it clear that she had tried to deter her husband from the drinking which ultimately led to eviction, should have been considered separately.[9] However, in another case where a wife allowed her husband to decide where they should live, she was regarded as having joined in the decision to move, even though there was no evidence that she had made an independent decision to leave or acquiesced in her husband's decision.[10]

The current Homelessness Code of Guidance was introduced on 3 April 2018 and the references here are to this Code.

For applications made before this date, the recommendations of the 2006 Code of Guidance should apply.